Google still accused of harming competition in the EU by unlawfully preferring its online shopping services in search results


On February 28, 2018, 19 entities signed an open letter addressed to the EU Commissioner for Competition Margarethe Vestager, commenting on the remedy taken by Google after the EU Antitrust’s fine of € 2.42 billion. The amount of the fine took into account the duration and gravity of the infringement and was calculated on the basis of the value of  Google’s European revenues.

Google appealed the decision and in the meanwhile, it established Google Shopping as a separate business unit to compete on equal terms against its competitors shopping engines (CSEs). More here.

However, the letter posits the proposed remedy is not enough. “Google’s current remedy proposal has been in operation for more than four months, and the harm to competition, consumers and innovation caused by the infringement established by the Decision has continued unabated.” The letter urged the Commission to “hold Google to an effective remedy that complies with the principles of equal treatment” set out by the EU Antitrust Law.

If Google’s remedy is deemed ineffective, the commission can fine it up to 5 percent of its average daily worldwide turnover for each day it has failed to comply.

More information on this investigation is available on the Commission’s competition website in the public case register under the case number 39740.

More information on EU antitrust investigations is available at http://www.technethics.com…

For more information, Francesca Giannoni-Crystal & Federica Romanelli.