Concurrences REVUE DES DROITS DE LA CONCURRENCE | COMPETITION LAW REVIEW Google and the trans-Atlantic antitrust abyss Article l Concurrences N° 3-2019 www.concurrences.com Christian Bergqvist
[email protected] Associate Professor University of Copenhagen Jonathan Rubin
[email protected] Partner MoginRubin, Washington, D.C. Article Christian Bergqvist
[email protected] Associate Professor Google and University of Copenhagen the trans-Atlantic Jonathan Rubin
[email protected] Partner MoginRubin, Washington, D.C. antitrust abyss ABSTRACT 1. In June 2017, DG COMP, the competition arm of the European Commission During the late 2000s, several jurisdictions, and Europe’s principal antitrust enforcer, finally concluded its investigation including the EU and the U.S., opened into Google’s search business, identifying a clear and aggravated infringement investigations into potential antitrust of Article 102, which prohibits the abuse of a dominant position.1 After an violations by the Internet search firm, eight-year investigation and three attempts at settlement, the Commission Google, for alleged bias in the ranking of the links returned in response to search imposed a EUR 2.42 billion fine, thereby doubling the ceiling on fines against queries. While the EU investigations in 2017 individual firms. TheGoogle Search (Shopping) decision also ordered Google resulted in a record EUR 2.42 billion fine to remedy the abuse within 90 days or face daily penalties of up to 5% of global (followed by further in 2018 and 2019), 2 the U.S. proceeding came to a close in 2013 group turnover. As the search bias issue was only one of six charges levied against with a brief statement by the Federal Trade the firm, the June 2017 decision were followed by a EUR 4.34 billion fine on Commission exonerating Google of antitrust Android3 in 2018 and a EUR 1.49 billion fine on AdSense4 in 2019, with further law violations.