Following an unsuccessful appeal, Google has been given the largest ever anti-trust fine of 4.125 billion euros from the EU.
The European Commission (EC) originally fined Google in 2018 for breaching its anti-trust laws by forcing Android phone-makers to install the Google search and web browser apps in order to access the Google Play Store. In addition, the EC said that Google had abused its dominant position by imposing anticompetitive contractual restrictions on manufacturers of mobile devices and on mobile network operators, in some cases since 1 January 2011 (the EC’s action against Google in relation to Android started on 15 April 2015).
The fine imposed at the time was €4.343 billion on Google, the largest fine ever imposed by a competition authority in Europe.
Following its unsuccessful appeal, Google said of the decision to uphold the original ruling (with a slightly reduced but still substantial fine), “We are disappointed that the Court did not annul the decision in full. Android has created more choice for everyone, not less, and supports thousands of successful businesses in Europe and around the world.”
In short, the EC fined Google for three types of restrictions which it said were designed to “protect and strengthen Google’s dominant position in relation to general search services and, therefore, the revenue obtained by Google through search advertisements.” The EU’s General Court ruled that the common objective and the interdependence of the restrictions were the reason why it had classified them as a single and continuous infringement of Article 102 TFEU and Article 54 of the Agreement on the European Economic Area (EEA).
The three types of anti-trust restrictions that led to Google being fined were:
Google appealed against the decision, but the EU’s General Court largely confirmed the EC’s decision to fine Google. However, it decided to reduce the fine from €4.343 billion to €4.125 billion due to “its reasoning differing in certain respects from that of the Commission”.
This is not the only anti-trust lawsuit that Google has faced or is currently facing. For example:
– In July last year, an anti-trust lawsuit by 37 US states over allegations relating to how it may be abusing its position of power in relation to Android app distribution and competition. This is related to Google allegedly using its market monopoly as the leading Android app distributor through its Play Store to charge 30 percent fees for in-app purchases (the same as Apple, Amazon, and Microsoft Xbox) from developers.
– In November last year, the EU’s General Court upheld a €2.42 billion penalty imposed on Google (and its parent company, Alphabet) dating back to 2017 for competition abuses relating to Google’s product comparison search service ‘Google Shopping’.
Google has now suffered some painful defeats over some of its competitive practices. This latest defeat does not bode well for Google or other big tech companies, with the Digital Markets Act (DMA) competition rules due to come into force next year. However, there appears to be general agreement among many commentators that the European Commission got it right with this latest decision because allowing phone manufacturers to open their devices to competition in search and other services could benefit consumers by giving them a greater choice. The ruling may also help smaller competitors by allowing them to inter-operate with the dominant company’s services, promote their offers, and make contracts with their customers beyond the gatekeeper’s platform. This latest ruling could also be unwelcome news for Apple in terms of strengthening the EU’s anti-trust watchdog in its investigations of Apple’s practices in the music streaming market, which the regulator says Apple currently dominates.
Google has now suffered some painful defeats over some of its competitive practices. This latest defeat does not bode well for Google or other big tech companies, with the Digital Markets Act (DMA) competition rules due to come into force next year. However, there appears to be general agreement among many commentators that the European Commission got it right with this latest decision because allowing phone manufacturers to open their devices to competition in search and other services could benefit consumers by giving them a greater choice. The ruling may also help smaller competitors by allowing them to inter-operate with the dominant company’s services, promote their offers, and make contracts with their customers beyond the gatekeeper’s platform. This latest ruling could also be unwelcome news for Apple in terms of strengthening the EU’s anti-trust watchdog in its investigations of Apple’s practices in the music streaming market, which the regulator says Apple currently dominates.
