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Google Fined Nearly $1.7 Billion For Ad Practices That Violated European Antitrust Laws (washingtonpost.com)

European regulators on Wednesday slapped Google with a roughly $1.7 billion fine on charges that its advertising practices violated local antitrust laws, marking the third time in as many years that the region's watchdogs have penalized the U.S. tech giant for harming competition and consumers. The Washington Post: Margrethe Vestager, the European Union's top competition commissioner, announced the punishment at a news conference, accusing Google of engaging in "illegal practices" in a bid to "cement its dominant market position" in the search and advertising markets. The new penalty adds to Google's costly headaches in Europe, where Vestager now has fined the tech giant more than $9 billion in total for a series of antitrust violations. Her actions stand in stark contrast to the United States, where regulators -- facing a flood of complaints that big tech companies have become too big and powerful -- have not brought a single antitrust case against Google or any of its peers in recent years, reflecting a widening transatlantic schism over Silicon Valley and its business practices.

56 of 126 comments (clear)

  1. $1.7 billion = small potatoes by Anonymous Coward · · Score: 2, Informative

    Nothing will change until some of the higher-ups at these big tech companies are jailed, or killed.

    1. Re: $1.7 billion = small potatoes by Anonymous Coward · · Score: 1

      Fines aren't enough, clearly. They need to be prevented from continuing their practices. What will it take? Injunctions? Orders? Monitoring? Extraditing and physically inprisoning offending executives? A ban in the EU entirely?

    2. Re: $1.7 billion = small potatoes by Anonymous Coward · · Score: 2, Insightful

      Breaking them up. Anything less will be brushed off by senior execs. Their stock price fluctuates by more than that every day.

      Google, FB, and a few others need some very serious anti-trust review.

    3. Re:$1.7 billion = small potatoes by Midnight+Thunder · · Score: 1

      Nothing will change until some of the higher-ups at these big tech companies are jailed, or killed.

      You don't need to go that far. Fining the CEO or the board would be alternatives. At that point there is personal interest to ensure internal process and procedures.

      --
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    4. Re:$1.7 billion = small potatoes by OneHundredAndTen · · Score: 2

      Indeed. Forcing Google to fork over $1.7B is like forcing me to fork over a couple of hundred dollars - it would annoy me, but it wouldn't compel me to change whatever ways that resulted in that fine, especially if they contribute to my income.

    5. Re:$1.7 billion = small potatoes by mnemotronic · · Score: 1

      ... until some of the higher-ups ... are ... killed.

      Violence is the last refuge of the incompetent. The "higher-ups" are focused on corporate bottom-line profit and growth. Make it financially painful for the leaders, on a personal basis, for a long time. Don't punish the stockholders or regular working schmucks for the boss's fjnork-up.

      --
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  2. Google needs to Bribe by Anonymous Coward · · Score: 1

    Google needs to push its weight around. Time to go dark. Let see how well European companies do without Google.

    1. Re:Google needs to Bribe by Bradmont · · Score: 1

      There are plenty of alternatives. Google knows they can't do this, or they'll just drive people to competing search engines and competing cloud document providers. Even if they manage to get the laws changed, they'll have lost a significant user mindshare and will have an incredibly tough time winning it back.

  3. On the selection of villains by rmdingler · · Score: 3, Insightful

    Her actions stand in stark contrast to the United States, where regulators -- facing a flood of complaints that big tech companies have become too big and powerful -- have not brought a single antitrust case against Google or any of its peers in recent years, reflecting a widening transatlantic schism over Silicon Valley and its business practices.

    No matter where you're from, it seems likely there exists more animus against a successful foreign company dominating a local market.

    In the US, for instance, our current angst with Chinese domination in certain tech areas is rearing its ugly head as persecution of Huawei.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

    1. Re:On the selection of villains by StormReaver · · Score: 2

      Google and Facebook, with all of their market penetration, can't hold a candle to the threat that Microsoft still poses to the PC industry. Microsoft is still dictating terms to hardware manufacturers (TPM, Restricted Boot), and are still able to do unfettered harm to users without so much as giving a single shit.

      The EU is still barking up the wrong tree.

    2. Re:On the selection of villains by green1 · · Score: 1

      I haven't seen it listed in this case, but I know that Microsoft was one of the lead companies pushing the anti-trust actions against Google in the previous cases.

      Seems that the EU is quite happy to do Microsoft's bidding, so I wouldn't expect them to turn on MS too soon.

    3. Re:On the selection of villains by AmiMoJo · · Score: 1

      Europe doesn't see Google as a foreign company - that's the whole point.

      Google has substantial business and multiple subsidiaries in the EU. It operates under EU. It pays EU taxes. It employs people in the EU. And therefore, it is subject to EU antitrust laws.

      Ars is reporting that they will need to introduce a browser choice screen for Android, similar to the one Microsoft had for Windows.

      --
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    4. Re:On the selection of villains by thegarbz · · Score: 2

      No matter where you're from, it seems likely there exists more animus against a successful foreign company dominating a local market.

      It always seems like that to the outside but that is a misanalysis. The EU quite happily fines EU companies constantly. The difference is it doesn't make the news outside of the EU since it's not newsworthy, and also due to relative sizes the relative fines (which take into account both market effects as well as ability to pay) are usually significantly lower.

      Now while it does look like Google is a healthy target for the EU the reasoning behind it makes perfect sense too, but not for the reasons you think. Unchecked and unregulated free market economics is what allowed US and Chinese based companies to grow to the incredible size that they do. This is actively prevented in much of the rest of the world. These large companies suddenly doing businesses the same way as they are used to in Europe find themselves under extreme scrutiny thanks to their massive size and stronger local laws.

      For example: The USA has anti-trust laws. But unlike the EU the anti-trust laws need to directly show a financial impact to consumers which makes it very hard to break those laws simply by using abusing market power to sink competitors. In other parts of the world anti-trust laws are focused more exclusively on abusing power which means effects on other businesses are equally punished (after all lack of competition indirectly affects consumers), and this is what Google repeatedly gets in trouble for.

      Hence it looks like USA based companies are unfairly targeted, while the reality is that's just a shallow observation.

    5. Re:On the selection of villains by rmdingler · · Score: 1

      You make an interesting argument. Still, even within the individual EU countries, some tribalism in the form of favoring the business of an Italian company in Rome exists. It's human nature. The world, and even Western Europe, is not completely above it.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    6. Re:On the selection of villains by thegarbz · · Score: 1

      On a business side that is 100% correct. I'm in Germany at the moment, I had a vendor from Texas call up to meet and discuss how he will get more business in Europe. I said you better start at the low hanging fruit and work on our Dutch and Belgian plants because ... your main competitor is German. It doesn't matter how good your are there's a big barrier to overcome against local companies.

      I was talking exclusively about the legal side of EU enforcement. That often looks one sided but that's largely because of the one sided scale of breach of the laws and that won't ever go away, not unless principly the USA acts more like the EU (preventing mega companies from forming), or the EU becomes like USA, neither of which are realistic scenarios due to cultural differences.

  4. Re:How much did Google make off those ads? by AmiMoJo · · Score: 5, Interesting

    The fine is calculated as the loss to other companies and economies from their actions, while also considering their ability to pay. The fine is just the first stage though; if they don't stop doing it there will be further fines and even legal action against individuals.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  5. "Do the right thing" by mrspoonsi · · Score: 1

    For our own selfish business needs (long gone is Don't be Evil)

    1. Re:"Do the right thing" by colonslash · · Score: 1

      Protecting their brand by not having web sites mix their search and ads with others is evil? That's a pretty low bar for evil. This wouldn't hurt competition or innovation- competitors were just as available, and any web site that puts up multiple search boxes would look ugly and amateurish - they wouldn't get much traffic anyway.

    2. Re:"Do the right thing" by sd4f · · Score: 1

      The problem is, google kind of pioneered the race to the bottom by offering their services for free. It's what's prompting the whole software industry to turn everything into a service rather than the previous license cost, and the only way to stand out is to offer those services for free.

  6. Re: How much did Google make off those ads? by Anonymous Coward · · Score: 1

    The democrats make crap loads of money off google.
    The only time they will introduce legislation against google is when they are sure it will not pass.
    That way their base has something to believe in.

  7. Re:There won't be "Euotrash stealing from US corps by johnsie · · Score: 1

    I'm not going to waste my mod points on this. You're clearly have no idea what the legislation regarding this really says.

  8. Re:Obligatory... by johnsie · · Score: 2
  9. Re:How much did Google make off those ads? by mlw4428 · · Score: 2, Informative

    The Data Care Act would be one such item, introduced by DEMOCRATS. The Republicans are against it and claim it is "detrimental" to the "free market". And the fines are working. Right to be Forgotten, for example has had Google make massive changes to how they operate in the EU. GDPR changed how Google, Facebook, etc all operate in the EU. Democrats protect privacy and the consumer. Republicans not so much.

  10. Expect more fines - particularly if the UK leaves. by ConfusedVorlon · · Score: 1, Flamebait

    The EU annual budget is roughly €150 billion. That comes from a handful of countries who are net contributors, (the UK is the third biggest contributor). Fining US corporations is a fairly painless way to boost the budget.

  11. Re:Expect more fines - particularly if the UK leav by Anonymous Coward · · Score: 1

    US corporations won't be fined if they don't break the law. What is the point of having laws if you don't uphold them?

  12. Re:Expect more fines - particularly if the UK leav by Miles_O'Toole · · Score: 5, Insightful

    Unlike the US, there are still places in Europe where size, wealth and power don't provide immunity from prosecution when a corporation violates the law.

    --
    Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.
  13. Re:How much did Google make off those ads? by moronoxyd · · Score: 1

    So far the EU has hit Google with about $9.3 billion in fines over the last 3 years.

    Seems to be working SOOO well...

    The three fines where for behaviour from the last 10 years or so. The fines were not about the exact same thing.
    We may find out if the fines are working over the next few years.

  14. Re:The EU vs advanced US innovation by omnichad · · Score: 1

    Invest in the USA and enjoy the freedom to grow your brand globally.

    The USA. That never broke up huge monopolies in the telecommunications or computer operating system or oil industries.

    No, the US is not 100% behind "free market" and all the dangers it entails.

  15. Funny by Anonymous Coward · · Score: 1

    Article is hidden behind a cookie wall in violation of GDPR because they are trying to force consent for personal tracking... Hope someone complains to the respective authorities and the publication is slammed with a fine as well

  16. Re:How much did Google make off those ads? by Mark+of+the+North · · Score: 1

    That's sensible thinking within the US, but in the EU you don't have to go to the trouble and expense of litigation. Government bodies can act on your behalf. This is probably of benefit to society as individuals have very little chance of succeeding in litigation against entities as large of multi-national corporations.

    If you've been through any kind of litigation, you can probably see the value in this.

  17. I understand why these posts are duplicated... by rickb928 · · Score: 1

    ...on my feed. But three times?

    Why does /. suck as much as Duke?

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  18. Re:How much did Google make off those ads? by omnichad · · Score: 4, Funny

    Don't be silly. If I was in a class action lawsuit, I would at least have a $10 check or some coupons to show for it.

  19. Re:Expect more fines - particularly if the UK leav by green1 · · Score: 1

    From everything I can find, the EU was investigating VW at the same time as the US. The first indications of a problem were found at roughly the same time in Europe and in the US, and the fines levied were similar on both sides of the ocean. So yes, they were "investigating their own".

  20. Re:Fair play by green1 · · Score: 1

    Or, you could hold all people and companies accountable equally under the law... just a thought.

    Your attitude is why the rest of the world has no respect for the US. In most of the civilized world, it actually matters if someone has done something wrong. The old "if you've done nothing wrong you have nothing to fear" is actually true in many places.

    Unfortunately we see a ton of politically motivated, rather than legally motivated, prosecution in the US. It really makes me wonder why anyone would willingly do business there.

  21. Re:How much did Google make off those ads? by Midnight+Thunder · · Score: 1

    Curious how we can demonstrate this loss is due to the actions of Google and not companies stuck in old school business practices?

    --
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  22. Re: How much did Google make off those ads? by Midnight+Thunder · · Score: 1

    Drawing political lines here is not that useful, since there are plenty of republicans who will have invested. They would have been crazy not to have?

    The actions should be directed at the company itself and maybe even putting regulation in place to control some of these practices. Ironically the past fews has been all about deregulation.

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  23. Re:Expect more fines - particularly if the UK leav by mjwx · · Score: 4, Insightful

    Unlike the US, there are still places in Europe where size, wealth and power don't provide immunity from prosecution when a corporation violates the law.

    The thing is, in the US regulators are designed and tasked with protecting US companies from prosecution, as we've seen with the FAA, Boeing and the 737-MAX fiasco. This means they assume that everywhere else is the same. Its quite inconceivable to some Americans that the EU applies the same rules and regulations to EU companies as they do to foreign ones, ergo in order to quell the congnitive dissonance there must be an anti-US conspiracy.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  24. Re:How much did Google make off those ads? by mlw4428 · · Score: 2

    State privacy laws? You mean like the ones my state doesn't have? Where does it "gut" any existing law? Nothing in the law says that states can't add additional requirements and add MORE privacy-friendly laws ontop of this one. Or are you saying states should be free to not give a fuck? Because that basically makes my point: Republicans (aka "Red States") don't give a fuck. That's why my state doesn't really have data privacy laws.

  25. Re:Expect more fines - particularly if the UK leav by Fishy · · Score: 1

    except that isnt true.

    When apple formed a cartel and illegally engaged in price fixing for ebooks they were given a slap on the wrist by the EU, and only the USA took action. Why, because in the cartel were Hachette (french) and Macmillan (German).

    Its often see-no-evil when EU firms are involved in illegal activities.

  26. Correction by bussdriver · · Score: 1

    The USA convicted a computer monopoly nearly 20 years ago; but since then has been unable to PUNISH the guilty. MS was convicted and never punished; if you call what they got punishment, you're a fool. (They paid a relatively tiny amount to bribe their way out from punishment.)

    Even pedophiles go free if you are rich enough (and not black... that takes even more money.)

  27. Re:Expect more fines - particularly if the UK leav by thegarbz · · Score: 1

    Fining US corporations is a fairly painless way to boost the budget.

    Errr horseshit. The law doesn't care about where corporations come from, and there's nothing painless about multi year protracted legal battles against incredibly wealthy and well resourced opponents.

    Now here's a thought, rather than getting all upset that a USA based company is in trouble with a another country, instead point out how that USA based company actually complied with laws that have been on the books since the 60s (before the precious budget contributor of the UK even joined the EU).

  28. EU History of Fines Against American Tech by voicofsf · · Score: 1

    Prof. Randy Picker at the Univ. of Chicago has a good course - Internet Giants: The Law and Economics of Media Platforms - that includes a fairly in depth look at the EU's history of fines against American tech companies in the guise of anti-competitive practices. Microsoft, 2004, $578 million, began a string of significant fines by the EU. They went after Intel, Apple, Google, et al. They had MS jump through hoops to satisfy the regulators. MS Media Player - nope, no good. MS web browser - nope no good either. Fine, fine and fine some more. The problem is, and has been, isolating just exactly who has been hurt. Europe had no domestic companies that Europeans might have preferred. Europe was slow to create a culture of computer and tech innovation. If it was there, it was poorly introduced and marketed. It's not enough to create a good, or even great, product if you're unable to collaterally create an equally good marketing strategy. The privacy issues are separate and apart from the anti-competitive rulings.

    Are American companies aggressive in pursuit of profits? Of course they are. And why should they not be? We all have choices. And a lot of people world wide have chosen to use Google, Intel, Apple, Chrome, Android, Amazon and others. American innovation has brought enormous profits. That's the whole point of business. The mantra of 'do no harm' has, of itself, seemingly done a bit of harm. At least to Google. Evidently not to doctors.

    I don't resent Jobs or Gates for doing something I couldn't do. I don't resent that they became wealthy and I did not. The EU regulators need a bit of introspection. And the EU is not simply a large, harmonic monoculture. In some respects, Barcelona has more in common with Austin or Silicon V than Paris when it comes to innovation. C'mon EU, either do or get off of the pot.

  29. What law? by Solandri · · Score: 1

    Unlike the EU, the right of the accused to know the exact nature and cause of the accusation against them is enshrined in the U.S. Constitution. The EU never told Google what they thought Google was doing wrong. Just that it was "anti-competitive." The way the EU handles these cases is they inform Google that they're facing an anti-trust judgement, but never state exactly what the problem behavior is. Google had to come up with a proposed solution, present it to the EU, and the EU rejected it without explaining why. Google then had to come up with a different proposal, present it to the EU, and the EU rejected that. Repeat until the deadline passed.

    Don't misunderstand me Google probably did need to be taken down a peg or two. And this is the same crappy way Google treats people with their YouTube demonitization and account revocation. They'll punish you without ever explaining why you're being punished, pointing you to their generic list of suggested guidelines without bothering to explain which one you ran afoul of. But it's wrong when Google does it, and it's wrong when the EU does it. If you think someone or some company did something wrong, you need to tell them exactly what they did wrong so they can correct that behavior. You don't just say "you're wrong" and punish them.

    1. Re:What law? by Anonymous Coward · · Score: 1

      The EU never told Google what they thought Google was doing wrong. Just that it was "anti-competitive."

      Huh? Read the fine article: "Sites that participated in Google’s “AdSense for Search” program could take advantage of Google’s search tools on their Web pages, and users who searched those sites would see results alongside ads served up by Google.

      But Google for a time prohibited those third-party sites from using rival ad services, then required prominent placement of its own ads — two of the many restrictions on AdSense customers that led the European Commission to conclude in an initial complaint filed in 2016 that Google had acted anti-competitively.
      [...]
      “There was no reason for Google to include these restrictive clauses in their contracts except to keep rivals out of the market,” Vestager said at her news conference.""

      Even Google's most stupid intern would realize that this is outrageously anti-competitive behavior, identically to the clauses Microsoft enforced to the OEM in the 90s.

      But since apparently you cannot figure it out, here is the simple solution:
      "Sites that participates in Google’s “AdSense for Search” program can now take advantage of Google’s search tools on their Web pages, and users who searched those sites would see results alongside ads served up by Google with no strings attached"

    2. Re:What law? by sd4f · · Score: 1

      I'm not familiar with the specifics, but they probably didn't have to tell google because it's not a criminal matter. If it were a criminal matter, then people should be going to jail, not so much just fined.

  30. Welp.... by argStyopa · · Score: 1

    ....if Britain isn't going to, then SOMEONE has to start paying Brussels' bills!

    --
    -Styopa
  31. Should have been bigger by WillAffleckUW · · Score: 1

    The fines should have been bigger, and included jail terms for the senior executives.

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    -- Tigger warning: This post may contain tiggers! --
  32. Re:PRISON. Just like regular folks? by jpaine619 · · Score: 1

    You're an idiot. We didn't execute the entire German Army. The top guys were hanged, guys who ran the death camps were hanged.. Standouts who were particularly brutal were hanged... The average rank and file were sent home.

    The moment you said the cleaning ladies should be sent to jail is the moment everyone else learned you were a wack-a-doodle.

  33. What if the google broke its own monopoly? by shanen · · Score: 1

    So the corporate cancer google has become a monopoly, eh? What a shocking problem. Not.

    In solution terms:

    (1) The google can divide itself into competing companies.

    (2) The parts improve faster because of REAL competition.

    (3) PROFIT!

    For simplicity, I left out a few intermediary steps. For example, the part about how we would get more freedom by having more choice (which can be implemented even if many (or even most) people are too lazy to be more free). Also the step where the parent holding company (Alphabet, which already exists) can keep most of the enlarged profits as long as the competing companies honor their "Chinese walls".

    Now to search the discussion to see if there are any constructive solutions on display. First let me adjust my expectations a bit lower. Down to the level of today's Slashdot...

    --
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  34. Re:What solution? by shanen · · Score: 1

    Only mention of "solution" in the discussion (before mine), but no details. Guessing from the context, but I am willing to wager some quatloos it was NOT a real solution and I would like to see more details. Actually, from reading your comment again, it is not clear that the google actually offered any pretense of a solution, which could certainly explain why you didn't offer a link to it.

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  35. Re:How much did Google make off those ads? by mlw4428 · · Score: 1

    None of that law invalidates other laws or prevents states from adding on more protections. It only "hurts" by establishing a better minimum than we have no. But I think it's funny that you've gotta defend Trump when I never mentioned him...he's not the ENTIRE Republican party. Project much, snowflake?

  36. Re:How much did Google make off those ads? by blackest_k · · Score: 1

    speeding, careless or dangerous driving... that's if you didn't kill or injure any body. Compensation can also be ordered.

     

  37. Reasons for the fine by Picodon · · Score: 1

    It would have been nice if the summary had listed key reasons leading to sanctions. Even the article itself takes it time before finally spelling them out:

    Google for a time prohibited those third-party sites [that used Google’s AdSense for Search] from using rival ad services, then required prominent placement of its own ads. (...) “There was no reason for Google to include these restrictive clauses in their contracts except to keep rivals out of the market,” Vestager [(the European Union’s top competition commissioner)] said at her news conference.

  38. Re:EU needs to die by _merlin · · Score: 1

    Who made you spokesman for the people of the EU?

  39. Fact and The Future by Jzanu · · Score: 1

    EU laws apply to EU companies and companies that operate in the EU. That is what they are, not a scheme against ultra-nationalist fantasies. Every day I find myself wanting the world to become truly multi-polar again, like it was before the fad of superpowers. This is already happening due to growth rates, the EU and China will soon be doing more business together than the US with both combined. The AU (African Union) is starting to shape up as a meaningful entity especially the smaller ECOWAS military cooperation, as is ASEAN with naval treaties and increased shipping security all doing better than every former colonial power. This time multi-polarity is going to be permanent and world-wide, based on local strength rather than colonial exploitation to support over-sized powers.

  40. Google Legal Team by NewYork · · Score: 1

    Why doesn't Google Legal Team flag these illegal contracts?