Margrethe Vestager has struck hard against Google. Wednesday 20 April, the European Commissioner for Competition sent a “statement of objections” or “NA” or the indictment in Brussels jargon, the giant US Net. She accuses him of “abusing its dominant position by imposing restrictions on the Android device manufacturers and mobile network operators.” The operating system, “open source” theory holds currently 85% of smartphones worldwide, 400 aircraft, is almost all Apple’s competitors.
What reproach in Brussels Android? “At this stage of our investigation, we believe that by its conduct, Google deprives consumers of a wider choice of mobile applications and services and that the company stifles innovation from other actors, in violation of rules competition in the European Union, “said Margrethe Vestager.
400 manufacturers use Android
Since 2007, Google continues to expand its collaborations with brands such as Huawei, Samsung and others, 400 mobile phone manufacturers and processors in total. “It’s great to see here how such varied companies use our operating system and customize it in their own way”, was packed Hiroshi Lockheimer, vice president in charge Android and partnerships with manufacturers at Mobile World Congress 2016. But this is not without consequences: Google becomes the pre-installed default search engine, and use Android requires you to download the following brand applications. The operating system is free, so it’s about using the applications – and of course they distribute advertising – Google is remunerated, said a blog post published by the vice president Kent Walker.
of course, the program is not completely exclusive: some add to this suite Facebook, Skype apps or their homes in China for example. But the other problem is that in theory, in an open source system, developers can use part of the program and revise their sauce. This is not the case here where you have to use the entire operating system. The recurring argument is that if a Google smartphone maker uses only one piece of the bugs could be many. Or if the operating system is fragmented, engineers can not locate well and know exactly which version of Android they work. This may be contained in the reproaches of Brussels.
A stronger indictment
The new indictment Commission was expected since late January. It was rejected because it would have consulted several experts to be confirmed in his argument. Today, Brussels has reached the end of its investigation and is ready to take sanctions. Many experts consider that this indictment is stronger than the previous one.
From receipt of the file, so Google has 12 weeks to build his defense to roll back the European Commissioner for Competition or ask him to compromise. The firm faces a substantial fine that may go, in theory, up to 10% of its annual turnover, or $ 7.54 billion for the year 2015. Moreover, the US company does not things lightly: she chose the Microsoft business lesson against Brussels that cost more than $ 3.8 billion in total software giant, according to the calculations Challenges . Google uses his Brussels office on these sensitive issues and is surrounded by prominent lawyers, the firm Cleary Gottlieb among others. The US company is far from a lost cause. “In competition law, the complaints against the GAFA seem weaker than on tax issues that also deals with the Commissioner,” argues Olivier Fréget, lawyer and author of The Competition, an always new idea in Europe and in France . “Promoting its products, this is a very common practice for companies in a dominant position, even for European”.
Determined
This paper is the second indictment that Margrethe Vestager address in Google in just a year. In April 2015, it sent a first Google “SO” who accused him of favoring its search results in its own price comparison service Google Shopping at the expense of independent comparators. Upon arrival, Vestager imposed a fit-in method, directly based on the sanction. Unlike its predecessor Joaquin Almunia, who advocated the discussion at the risk of trailing its files or not to impose fines on businesses. “Vestager has determined air, but a year after the complaint for abuse of dominant position, it seems nothing happened. She Dare to go through with its decision on Google?” Asks Olivier Sichel, CEO of Guide.com.
the Commission is still working on this case to prove that giant Net handles well its algorithm. “She worked slowly on the search engine, it makes up by presenting his grievances on Android where the accusations seem clearer. This could give a boost to the current procedure,” says Jacques Lafitte, a lawyer with Avisa Partners joined by Challenges . In his office at the Commission where it gets us, Margrethe Vestager defends: “On comparison websites, Google sent us a comprehensive argument, important data series We take our time on this case, but what. we learn will serve us later. ” Procedure …
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