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Google Could Face Heavy Antitrust Fines In the EU

SquarePixel writes "Europe's competition watchdog is considering formal proceedings against Google over antitrust complaints about the way it promotes its own services in search results, potentially exposing the company to a fine of 10 percent of its global turnover. Google is accused of using its search service to direct users to its own services and to reduce the visibility of competing websites and services. If the Commission found Google guilty of breaking E.U. competition rules, it could restrict Google's business activities in Europe and fine the company up to 10 percent of its annual global revenue (US$37.9 billion last year)."

35 of 292 comments (clear)

  1. EU are on crack by viperidaenz · · Score: 2, Informative

    Even if Google does what they suggest, Why is it illegal for a company to promote itself over others on the services it provides for free. If you don't like Google, don't use their services. It's not a requirement.

    1. Re:EU are on crack by Anonymous Coward · · Score: 3, Informative

      Read up on rules on monopolies. If you have a dominant position in one area and use that to gain an advantage in other areas, that's when you are in trouble. If no such rules were in place, the natural evolution would be that one company crushing all the others. Be thankful that that this is happening. It's good for you in the end.

    2. Re:EU are on crack by MightyMartian · · Score: 4, Insightful

      I'm not clear as to how Google is a monopoly. It does not control the physical or electronic structure of the Internet. Web searching certainly cannot be considered a natural monopoly. It can't stop competing web services.

      So how can Google maintain any kind of abusive monopoly.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:EU are on crack by Guspaz · · Score: 4, Informative

      They have over 80% of the global search marketshare. That's what makes them a monopoly. There's nothing illegal with being a monopoly, the question is if a company is abusing that monopoly or not.

    4. Re:EU are on crack by Rob+Y. · · Score: 4, Insightful

      Except that nobody's forcing anybody to use Google. In fact, the real monopolist still forces every computer you buy to come with Windows and default you to Bing for searching. And they make it pretty tricky to change. I know, I know. When it works, it's pretty easy to change, but I've never actually seen anybody change the default search engine - even those that still use Google by typing www.google.com into the location bar. And I've seen cases where the search engine choice website hasn't worked at all.

      --
      Posted from my Android phone. Oh, I can change this? There, that's better...
    5. Re:EU are on crack by MrDoh! · · Score: 2

      Aye, this is all a bit odd to me. It'd be like a Ford car dealership getting in trouble because it's not selling Lada's on the forecourt as well? The competition is complaining that Google isn't showing their competing products? (and which competing products DO go up against Google)? Surely any complaints against Google would apply equally to Bing/Yahoo who also offer advertising/webemail/storage? Very, very odd move, reeks of dodgy dealings behind the scenes rather than actual problems here. Analogy time; "but their cars go faster, it's not fair" "ok Ferrari, you have to slow down your cars so your competition doesn't look as bad" "this library is offering books for free! that's not fair!" "ok libraries, you have to start charging so book stores don't look as bad"

      --
      Waiting for an amusing sig.
    6. Re:EU are on crack by Missing.Matter · · Score: 4, Informative

      You don't even have to be a monopoly to run afowl of antitrust laws; you just have to be able to exert undue influence on market forces. Since Google has a search market share of 70%-80%, promoting their products in those searches has undue influence.

    7. Re:EU are on crack by devleopard · · Score: 3, Insightful

      Remind me again why Microsoft is required to show alternate browsers, when IE is free?

      (They've actually failed and the EU is back after them, but that's besides the point)

      Moreover, a majority of "search" boxes default to Google, as opposed to a customer making a choice. (iOS, Android, FF, Chrome, Safari)

      --
      The best thing about a boolean is even if you are wrong, you are only off by a bit.
    8. Re:EU are on crack by waveclaw · · Score: 2

      So how can Google maintain any kind of abusive monopoly.

      Easy: by being a $3.8 billion per year target for politicians.

      The only obvious crime committed here is being popular and making a lot of money.

      It is sleazy for a company to favor it's own wares on what a naive customer assumes is a fair market. But that is the nature of 'free' markets and naive customers. The only reason anybody assumes the vendor they are dealing with is free of bias is lack of truth, which is just part of the limited, imperfect knowledge players in any real market can obtain. (This excepts toy markets from ECON 101 as they are by definition more imaginary than Internet Spaceships as any player of Eve Online would tell you.)

      Also, Google claims their moto is 'Do no Evil.' Fiddling search results without telling people is pretty much Evil in my book. But Google still has to make money in a world where the DMCA police, the nanny states and the religious nutcases de jour all hold guns to Google's wallet. These politicians are just the last highwaymen along for the ride to get at those purse strings.

      --

      "You cannot have a General Will unless you have shared experiences. You cannot be fair to people you don't know."
    9. Re:EU are on crack by ninetyninebottles · · Score: 2, Insightful

      The point is that with google there can be no lock-in, so they cannot abuse their monopoly in the same way e.g microsoft can because people are free to go to a competitor search engine at the drop of a hat.

      That's not good enough. The point of antitrust law is to keep all markets competitive and driving innovation. For that to happen people have to be free to choose the best search engine for them and the best social network and the best maps, etc. It's not sufficient that they choose the best bundle of those together because it might mean that while we end up with real competition in one market, the other markets are abandoned by innovators because there is no realistic way a better product can win against something tied to the best search platform.

    10. Re:EU are on crack by jader3rd · · Score: 2, Interesting

      I'm not clear as to how Google is a monopoly. It does not control the physical or electronic structure of the Internet. Web searching certainly cannot be considered a natural monopoly. It can't stop competing web services.

      So how can Google maintain any kind of abusive monopoly.

      Google can become an abusive monopoly because of where the money comes from. If a competitor tries to enter the market (ad supported services), Google could tell its customers (companies advertising products) that if they work with the Google competitor, Google will stop doing business with them. That would prevent any competition for Google, which would result in EU citizens not having a free market of competing services.

      Oh, and you start out by asking about natural monopolies and then finish with abusive monopolies. Which one are you more concerned about? Please be consistent.

    11. Re:EU are on crack by Guspaz · · Score: 2

      They're at 66.8% in the US, but much higher elsewhere. In Canada, for example, they're above 80% when you combine google.ca and google.com. I'm seeing 80% or more in the global stats I can find, but most of those are skewed one way or another, so it's really hard to get an accurate picture.

      Market shares can differ significantly even in countries as close as Canada and the US. AIM was, at least a few years ago, the most popular IM network in the US, but had virtually no presence outside the US. Even in Canada, where AOL did have an active presence as an ISP, MSN Messenger was dominant.

      This PDF is now out of date, but it gives you a nice look at the situation for IM market share in 2008:

      http://billionsconnected.com/blog/wp-content/uploads/2008/08/global_im_market_share_stats_july_08.pdf

      Note how the situation in the US is not reflected in any other country, although some other countries show similar splits. I suspect the figures are quite different these days; I would expect Google Talk and Facebook Messenger to be much more popular these days, in Canada at least.

    12. Re:EU are on crack by Tom · · Score: 2

      Why

      Your answer is right there in the summary: anti-trust. Do you need to have it spelled out what that means?

      for free

      No, it doesn't. The fact that you don't pay anything does not always mean it is for free. In this case, someone else pays. It is for free to you. It is not for free. There's a difference that matters.

      --
      Assorted stuff I do sometimes: Lemuria.org
    13. Re:EU are on crack by Tom · · Score: 2

      If that's your definition of free, please name one man-made thing that is free.

      You can run semantics if you like, but that wasn't the point.

      Everyone considers Google and many other web services to be free, but they aren't, they are still a for-profit company and they are making shitloads of money on their search engine. That is why all the rules of commercial enterprises apply to them, including anti-trust rules.

      The GP argued the "for free" point as if that would change the laws and rules they need to follow. My point is that it doesn't, because they are a company, not a charity, and anti-trust laws still apply to them. If it were actually "for free" in the sense of a charity giving free food to homeless, I'm fairly sure nobody would apply anti-trust laws just because they happen to be the only charity in the city doing so. And while yes, again the food was paid for by someone else (your semantic point is correct, just irrelevant), the difference between actually giving the food away, and providing a commercial service are important. If, for example, instead of a charity it would be a company that gets paid by the local merchants in order to get the homeless away from their shops, the food would still be free for the homeless, but if that company were to behave anti-competitive, anti-trust laws would apply.

      --
      Assorted stuff I do sometimes: Lemuria.org
  2. Re:EU needs money to give to Greece by Internetuser1248 · · Score: 2, Interesting

    I worked out that a Europe wide 0.5% financial transaction tax would be enough to pay an unconditional base income of 400euro/month to every single person living in Europe with money to spare. ...just saying.

  3. Re:Fining Google outside of Europe? by wisnoskij · · Score: 2

    Would make more sense to me to fine them 20% (or whatever) of all EU monies, instead.

    --
    Troll is not a replacement for I disagree.
  4. Re:EU needs money to give to Greece by SomeKDEUser · · Score: 2

    This money is added to the central budget of the EU.

  5. Accepted Industry Practice by wisnoskij · · Score: 4, Insightful

    Bing does this as well, I do not think it is particularly fair to start fining people for doing something that has been going on and in the open since internet searches were first born.

    Now if they wanted to created some regulations to protect internet searches to make them fair, well that would be a good start.

    --
    Troll is not a replacement for I disagree.
    1. Re:Accepted Industry Practice by Missing.Matter · · Score: 4, Insightful

      Bing does this as well, I do not think it is particularly fair to start fining people for doing something that has been going on and in the open since internet searches were first born.

      Just as bundling a browser with an OS is something that has been going on since the internet was born, yet Microsoft must provide a ballot screen in the EU and Apple does not. Microsoft promoting its products in Bing results puts them in front of at best 20% of the market. Google gets their products in front of 80% of the market. One company has more influence that the other in this case, just as Microsoft has more influence than Apple in the OS market.

    2. Re:Accepted Industry Practice by Missing.Matter · · Score: 2

      You know, I actually agree with you 100%, but at least they're being consistent, which is I guess as much as we can ask.

    3. Re:Accepted Industry Practice by Tapewolf · · Score: 3, Insightful

      First Microsoft just bundled a web browser and threatened to take away OEMs's Windows licenses if they dared to uninstall it and/or bundle Netscape instead. Next it integrated Internet Explorer into the operating system so you didn't have a choice but to use it one way or another. That's clearly anti-competitive behaviour and they were rightly punished for it.

      Most importantly, it gave them the ability to add extensions that would only ever work on IE on i386. ActiveX plugins and the like. And it worked - so well that some businesses are still stuck on IE6. The best part was that once they had actually destroyed Netscape, Microsoft disbanded the IE development team and stopped actively developing it. All this was the kind of lock-in that the EU was trying to prevent, but the process took too long.

      Fortunately things managed to right themselves somehow, with Netscape returning from the dead as Mozilla (and I still remember lots of people saying it would never work, and that it was a crock of shit), but the whole 'Only works on IE' thing persisted for a long, long time. It's only really the success of iOS and Android which has finally made people realise that making a site that only works on Windows is a Bad Idea.

  6. Re:Google is Evil by Anonymous Coward · · Score: 3, Insightful

    Exactly. Google couldn't get Facebook to play, so they took it upon themselves to provide a better user experience. In fact, facebook provided information to Microsoft which they integrated with Bing, so it was possible, but they chose not to do this for Google, so Google simply took it upon themselves to innovate. But some Europeans with a baguette in one hand and a shitty search engine/service in the other complain from their corner of the world. Oh no, their crappy subpar website is ruined by the evil Google with their superior service! Let's fine the innovators!

    This is why Europe will never get a Google/Apple/Microsoft company that starts in Europe. Europe simply doesn't understand basic economics. If Google wanted to, they could make sure search results always favor them, but they don't, they go above and beyond many other companies who promote their own services.

  7. Re:Google is Evil by Z34107 · · Score: 4, Insightful

    And thank God. When I type <name of store>, City, State I want a map. Not a plug for MapQuest. Not a plug for Bing. And most certainly not iOS 6 telling me I'll have to charter a kayak, and, by the way, Gander Mountain has a great deal on paddles.

    A related problem: My local Wal-Mart has a Subway inside the store. Why don't you go picket them? There's clearly no way other sandwich services can compete.

    --
    DATABASE WOW WOW
  8. Hands up who's complaining? by Ian.Waring · · Score: 4, Insightful

    In my experience, the only people who complain to the EU are competitors trying to fiddle with Googles business model. I think people who sponsor that sort of activity should attract fines of their own.

    1. Re:Hands up who's complaining? by Anonymous Coward · · Score: 3, Insightful

      > the only people who complain to the EU are competitors
      No shit, Sherlock. If you aren't directly affected by Google's practices, you wouldn't legally have any grounds to make a complaint.
      If Google wants to (legally) compete as e.g. a mapping service, it has to do so on a level playing field, not by using its dominant position in the search market.

  9. About time by joh · · Score: 2

    I doubt very much though that the EU will/can do very much here.

    One part of the problem is that people are trusting Google more than almost any other company. Google often exercises restrain and good will and of course for most services doesn't charge anything (because its users are not its customers actually), so people are extremely forgiving.

    I'm not sure about what will grow out of Google. I wouldn't be surprised though if Google were the first iteration of a more or less lenient super-AI of the future. If any of you have read the Culture novels by Iain M. Banks: The first Minds probably looked very similar to Google. If *this* will be the ultimate outcome, I'd say fuck the EU and hail Google.

    Reality isn't a novel though...

  10. Re:Google is Evil by LourensV · · Score: 5, Insightful

    There are some interesting parallels here. Google is starting to look more and more like an operating system, with the menu bar at the top and the integration of a lot of their services into a desktop-like interface. And in a way, the "start menu" for this operating system is Google Search (it is after all the one at google.com). So the question then is, are they allowed to bundle other applications with this operating system, or should they allow others to compete with their own applications? In that sense it's similar to the whole Windows/IE bundling case. And in fact, Google could argue just like Microsoft did (although MS made some ridiculous claims about it being technically impossible to remove IE) that the embedded Maps is not a separate service at all, but that Search simply has an embedded viewer for search results that are geographical locations, which happens to be powered by the same technology as Maps.

    Of course, what matters legally is the effect the thing has on the markets, not any kind of technical consideration. In that case, Google Search is a near-monopoly in the search market, and it's conceivable that its embedding of Google Maps to display results advantages Google Maps over other mapping services. I'm not sure how you would prove that (and have no idea what the standard of proof would be here), but if it turns out to be the case, then Google could remedy it by offering any other mapping services an open API that they can use to register their mapping service with Google, with Google then giving the user the option to choose a mapping service for showing embedded search results. That would be similar to the IE solution.

    As for Google being evil, right now the EU is investigating if there is a crime at all. Antitrust law is a murky thing; there is no exact borderline where a market leader becomes a monopolist and where integrating services or products becomes too big a distortion of the market. So let's wait for the EU opinion first. Then, let's see how Google handles it. Will they work with the regulators to find an acceptable solution and implement it quickly, or will they try to lie, sue and lobby their way out of it like Microsoft did? I'd say that their reaction of a potential complaint constitutes a much better test of their character than just the fact that the EU has decided to investigate something.

  11. Re:Google is Evil by Compaqt · · Score: 2

    It would have been nice if they could have actually regulated them before hitting them with a $3.7 billion fine for putting an ad for their products on the side of their delivery trucks.

    I.e., tell them they could be liable, and could you please stop that? Instead of the very first move being to make a massive hit on a foreign company (as also seen in the anti-Samsung verdicts in the US and Europe).

    --
    I'm not a lawyer, but I play one on the Internet. Blog
  12. Re:Google is Evil by poetmatt · · Score: 2

    you mean the thing which you can *turn off*?

  13. Re:Google is Evil by Z34107 · · Score: 2, Insightful

    You don't have to be a "shill" to realize your scenario, as presented, is ridiculous. You don't want a map, but claim Google is unfairly depriving MapQuest their share of the "people who don't want a map" market?

    Google is trying to put something useful in that spot. Search for "Keanu Reeves" and, instead of a map, you'll get a short bio. Search for "Pb" and you'll get it's periodic table entry.

    Bing and Yahoo! could do something like that, but they'd rather fill that space with ads.

    --
    DATABASE WOW WOW
  14. Re:Google is Evil by Lawrence_Bird · · Score: 2

    OK, go use Bing. Or Blekko. Or Dogpile. Or Ask. Or is that too hard for you to do? You don't like the way Google works so don't keep using it.

  15. Re:EU needs money to give to Greece by khallow · · Score: 2

    If the EU charges a fixed fraction of Google's global revenue per infraction, including a lot of revenue that's not part of the EU, then why should they get to keep all of it? Instead, this sounds like a protectionist scheme. The fee relative to the amount of business in the EU is much less for a company that does most or all of its business in the EU relative to a foreign company that does a small part in the EU.

    For example, suppose I have two businesses each doing a billion euros of business. One is solely in the EU and the other does only ten per cent of its business in the EU. A fine scheme like the above has them paying the same fine for the same crime despite one business having far more business in the EU than the other. That means that the foreign business faces the same risk of fines on a tenth of the business that the other business has.

    It's yet another way to block foreign businesses without (as of yet) provoking a response from the WTO or other treaties.

  16. Re:EU needs money to give to Greece by clarkkent09 · · Score: 4, Funny

    And 1% would give everybody a monthly income of 800. And why stop there? A 25% tax would give everybody 20,000 euro a MONTH and everybody will be filthy rich and nobody will have to work ever again. You, Sir, are a genius!

    --
    Negative moral value of force outweighs the positive value of good intentions.
  17. Re:Google is Evil by Anonymous Coward · · Score: 2, Insightful

    That is... the worst analogy ever.

    Google is a public company, not a private one.
    Starbucks is not a coffee monopoly who controls 80-90% of the world's coffee.
    Your argument means that Microsoft should be free to integrate anything they want into Windows. Anything at all. And if you don't like it then don't buy a Windows PC.

    It's very simple - Google controls a monopoly share of web searches. A monopoly share is legal as long as you don't use it in illegal ways (such as using it to push into new markets). Google is now bundling their own products right into their search while excluding competitors from getting the same privilege. This, quite obviously, gives their own products an advantage over competitors. This means that Google is using its search engine to push into new markets and quash competitors.

    How is this in any way confusing? How could anyone agree that this is a legitimate business practice?

    I spent the last 15 years seeing them rage against MS for illegal bundling practices that sucked their air out of the room for competitors, but when Google does it everything is hunky-dory It's funny how Slashdot has such massive double standards. It's like you're PROUD of it.

  18. Re:EU needs money to give to Greece by khallow · · Score: 2

    I'm seeing the implications here. I think a reasonable percent is 1250% tax on financial transactions. That would give everyone a million euro a MONTH. That should be enough for even the poor to live on.