Google case: A turning point in competition rules enforcement

Joaquín Almunia, Vice-President of the EC in charge of Competition, gave a press conference on 13 December following a decision of the EC which renders legally binding the commitments offered by Apple and four international publishers - Simon & Schuster (CBS Corp., USA), Harper Collins (News Corp., USA), Hachette Livre (Lagardère Publishing, France), Verlagsgruppe Georg von Holtzbrinck (Germany; owner of inter alia Macmillan), to stop following competition breaching practices.

Joaquín Almunia, Vice-President of the EC in charge of Competition, gave a press conference on 13 December following a decision of the EC which renders legally binding the commitments offered by Apple and four international publishers – Simon & Schuster (CBS Corp., USA), Harper Collins (News Corp., USA), Hachette Livre (Lagardère Publishing, France), Verlagsgruppe Georg von Holtzbrinck (Germany; owner of inter alia Macmillan) – to stop following competition breaching practices.

Enforcing fair competition in the fast-moving digital markets, like in the Google case, is a fight against time. If the antitrust procedures take the long way of legal battles before the European courts, the possible competition law breaches may purport billions to the culpable party. That is why, Joaquín Almunia, Vice President of the European Commission responsible for Competition Policy, while presenting on 21 May 2012 the preliminary conclusions of the antitrust investigation into allegations that Google had abused a dominant market position, said clearly: “I believe that these fast-moving markets would particularly benefit from a quick resolution of the competition issues identified”. In case however that those proceedings take a long time to give results and secure fair competition, the public in general and the companies in particular which were touched from the unduly behaviour of a market leader, expect that the European Commission will impose fines analogically related to the illegal profits, pocketed by the culpable party, even if this last one agrees to stop exercising the activities proved detrimental to others. Following the facts In November 2010 the European Commission launched an antitrust investigation, into allegations that Google had abused a dominant market position. These complaints had been filed by a number of firms, which considered themselves aggrieved by Google’s practices. Fortunately the Commission didn’t restrict its investigation to these cases, but included in its research other topics too. In May 2012, Joaquín Almunia, spelled out the four competition concerns identified by the Commission in the course of this investigation, as presented below: “First, in its general search results on the web, Google displays links to its own vertical search services…differently than it does for links to competitors. Our second concern relates to the way Google copies content from competing vertical search services and uses it in its own offerings… This practice may impact for instance travel sites or sites providing restaurant guides. Our third concern relates to agreements between Google and partners on the websites of which Google delivers search advertisements…The agreements result in de facto exclusivity requiring them to obtain all or most of their requirements of search advertisements from Google… Our fourth concern relates to restrictions that Google puts to the portability of online search advertising campaigns from its platform AdWords to the platforms of competitors”. Not a few points by any count. Then in December 2012 Almunia issued a statement saying: “After meeting Eric Schmidt, executive chairman of Google, today in Brussels, I have decided to continue with the process towards reaching an agreement based on Article 9 of the EU Antitrust regulation…On the basis of the progress made, I now expect Google to come forward with a detailed commitment text, in January 2013”. The strategy Following the whole story one can easily understand that the strategy followed by Google was not to counter the Commission head on. In the face of it, the company shared Commission’s worries for a swift settlement of the case, without taking refuge to courts. A traditional legal route would presumably delay the restoration of fair competition in those digital markets. What if, however, Google changes its strategy in January 2013 and instead of showing a collaborative attitude with the EU authorities, decides to take its case to the European Court? In this way Google may gain some more years, exploiting its allegedly dominant position in the market. Some analysts take this hypothesis even further, by alleging that Google can use the Court “card”, to negotiate with the EU Commission for a lower fine. In any case January 2013 is here. Depending on what Google does, the entire EU antitrust apparatus will have a good lesson to learn, and use this new knowledge for future similar cases. All in all, digital markets are a completely new “animal”. They have fast gained huge economic and social dimensions, surpassing the most favourable predictions. Regulating them is an entirely new task, overshadowing the traditional legal proceedings. The European authorities must try their best to catch up. It’s exactly like what the digital police digital are doing, when run to catch up with the technics developed by criminals. The European Sting is here, setting as its task to follow closely those brave new developments.

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

© UNHCR/Dar Al Mussawir Smoke rises above residential neighborhoods in Tyre, southern Lebanon, following an Israeli airstrike. (file)

UN chief demands Israeli withdrawal from Lebanon amid Nabatieh escalation

This article is published in association with United Nations. The Secretary-General has condemned mounting civilian casualties in southern Lebanon and called on Israel to withdraw its forces from Lebanese territory, as fighting intensifies in and around Nabatieh. Key points In a statement issued by his Spokesperson, Stéphane Dujarric, the Secretary-General said he was “deeply concerned” by […]
© UNHCR/Dar Al Mussawir Smoke rises above residential neighborhoods in Tyre, southern Lebanon, following an Israeli airstrike. (file)

UN chief demands Israeli withdrawal from Lebanon amid Nabatieh escalation

This article is published in association with United Nations. The Secretary-General has condemned mounting civilian casualties in southern Lebanon and called on Israel to withdraw its forces from Lebanese territory, as fighting intensifies in and around Nabatieh. Key points In a statement issued by his Spokesperson, Stéphane Dujarric, the Secretary-General said he was “deeply concerned” by […]
© UNOCHA/Viktoriia Andriievska The aftermath of a drone strike in Kyiv, Ukraine (file). UN High Commissioner for Human Rights Volker Türk (file) said on Monday that he was "horrified" by the thought of fully autonomous weapons being used in battle.

AI: Türk urges action before it becomes an ‘existential risk to humanity’

This article is published in association with United Nations. UN human rights chief Volker Türk added his voice on Monday to growing calls for greater AI controls, warning that the revolutionary technology could become an “existential risk to humanity” if left unchecked. Without binding rules, independent oversight and clear limits, the technology could become impossible to […]
This article is published in association with United Nations.

As wildfires spread north, UN agencies race to help Europe adapt

This article is published in association with United Nations. As the climate warms, the threat of wildfires is spreading in Europe. How can historically cooler and wetter countries prepare? Human activity causes most of the wildfires breaking out across Europe, but their spread, speed and intensity are strongly affected by the warmer, drier conditions associated with […]
© UNICEF-SoP/Crickx People walk down a dusty road in the West Bank carrying belongings.

West Bank: UN rights report warns of forcible displacement from three refugee camps

This article is published in association with United Nations. Israeli security forces forcibly displaced the entire population of three Palestine refugee camps in the occupied West Bank in January and February last year – and continue to prevent their return, in violation of international law, according to a new report by the UN human rights office, OHCHR. […]
©UNIFIL/Tilak Pokharel UNIFIL personnel distribute food kits to displaced families in Saida, Lebanon.

Lebanon–Israel tensions escalate as Gaza sees major aid delivery

This article is published in association with United Nations. Peacekeepers in Lebanon have reported a marked deterioration in the security situation along the Blue Line of separation, with Israeli forces intensifying their military footprint in violation of a landmark Security Council resolution, UN Spokesperson Stéphane Dujarric said on Thursday. Meanwhile, in Gaza, humanitarian teams collected hundreds […]
This article is brought to you in association with the European Commission.

World News in Brief: US-Iran war intensifies, aid for Myanmar, casualties in Ukraine

This article is published in association with United Nations. Fighting between the United States and Iran has sharply escalated after a month-long lull, with the two sides exchanging strikes as fears grow over further civilian casualties. The US military struck rocket launchers on an island in the Strait of Hormuz over the weekend, days after US […]
© WFP/Hugh Rutherford A family eat lunch in the Bedouin community of Umm Al Khair, West Bank.

Food aid cutback in the occupied West Bank as health fears grow in Gaza

This article is published in association with United Nations. Lack of funding has forced the World Food Programme (WFP) to slash aid to families in the West Bank by half even though needs have more than doubled over the past two years. “We’re running out of funding, and that means that from today, some 200,000 people […]
© UNICEF/Laxmi Prasad Ngakhusi Mud covers Nuwakot district in central-northern Nepal following devastating flash floods.

Nepal flooding deaths surpass 900 as needs climb

This article is published in association with United Nations. The confirmed death toll from Nepal’s catastrophic floods has surged to 903, with more than 4,200 still missing as rescue crews and humanitarian workers battle blocked highways to reach the hardest-hit areas, UN Spokesperson Stéphane Dujarric said on Monday. Key points Triggered by a glacier collapse and […]
© WFP/Mohamad Al Hinnawi Brothers sitting outside their family’s tent in Gaza.

Four children killed as separate attacks in Gaza destroy aid supplies

This article is published in association with United Nations. Israeli attacks killed four children and destroyed humanitarian aid supplies in what turned out to be a deadly week in war-ravaged Gaza, the UN emergency relief agency, OCHA, said on Friday. Key points According to UNICEF, the four children – aged two to 16 – were reportedly […]
© UNICEF Buildings are submerged in mud following flash floods in Rasuwa district in central-northern Nepal.

Deadly floods cause widespread destruction in China, Nepal

This article is published in association with United Nations. Severe flooding in China and Nepal caused widespread destruction and mounting death tolls, UN agencies reported on Wednesday as aid efforts deployed to help provide emergency assistance. UN agencies and humanitarian partners are already providing support to local authorities, said UN Spokesperson Stéphane Dujarric. “The Secretary-General is […]
This article is published in association with European Investment Bank.

As wars spread, the global food system unravels

This article is published in association with United Nations. A family with four children abandoned its farm in Somalia after armed groups arrived and demanded payments for the right to continue cultivating the land. They walked roughly 100 kilometers to a displacement camp. One of the children died along the way. Carl Skau, the acting head […]
This article is published in association with United Nations.

Gaza: Children still at risk despite drop in acute hunger

This article is published in association with United Nations. Among tent cities pitched on the rubble of destroyed homes in Gaza, children are, by one measure, finally getting enough to eat. By another, however, many of them may never fully recover, according to a new study by the UN Children’s Fund (UNICEF) released on Monday. Key points Hunger […]
UN Photo/Elma Okic Secretary-General of the International Telecommunication Union (ITU) Doreen Bogdan-Martin speaks at the AI for Good Global Summit in Geneva. (file)

AI for Good: How the UN uses AI to advance human rights

This article is published in association with United Nations. For Ari, a six-year-old boy with learning difficulties in Jamaica, artificial intelligence (AI) opened the door to something many children take for granted: reading a book in his own language. Thousands of miles away, gold miners in Ethiopia are being screened more quickly for tuberculosis, while communities around […]
This article was exclusively written for The European Sting by Ms. Imane El Maimouni, a 22-year-old fifth-year Moroccan medical student at the Faculty of Medicine and Pharmacy of Casablanca. She is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed in this piece belong strictly to the writer and do not necessarily reflect IFMSA’s view on the topic, nor The European Sting’s one.

Who heals the healers?

This article was exclusively written for The European Sting by Ms. Levina Kulembeka, a Medical Doctor from Tanzania passionate about global health. She is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed in this piece belong strictly to the writer and do not necessarily reflect IFMSA’s view on […]
© WFP/Mohamad Al Hinnawi Brothers sitting outside their family’s tent in Gaza.

Middle East: 94 per cent need shelter in Gaza, Israel ramps up demolitions in Lebanon

This article is published in association with United Nations. Ninety-four cent of Gaza’s 2.1 million residents need shelter as Israeli gunfire and strikes continue inside the enclave, UN agencies and peacekeepers warned on Thursday. Key points More than four out of five families currently face critical or catastrophic living conditions, which lack fuel, energy and essential […]
© IOM/Lisa George Flooding in Sudan has displaced 20,000 people since June (file).

Sudan war: 200,000 newly displaced as fighting and floods intensify

This article is published in association with United Nations. Intensifying fighting in Sudan has displaced at least another 200,000 people since late 2025, while destructive seasonal floods are compounding the massive humanitarian emergency there, the UN International Organization for Migration (IOM) said on Wednesday. In an alert, the agency also warned that relief access has been […]
© UNRWA/Kazem Abu-Khalaf A girl looks out the window of her home in the Jenin refugee camp in the West Bank, where she and other family members were trapped during an Israeli military operation.

Raising alarm over new illegal Israeli outposts, UN condemns attacks, incitement against Palestinians

This article is published in association with United Nations. Reports of new illegal Israeli outposts in the occupied West Bank raised alarms at UN Headquarters on Wednesday while the UN rights office called on Israel to condemn its national security minister’s words that incite “violence amounting to atrocity crimes” against Palestinians. Key points “The Secretary-General is […]
© IOM/Lisa George Flooding in Sudan has displaced 20,000 people since June (file).

Sudan war: 200,000 newly displaced as fighting and floods intensify

This article is published in association with United Nations. Intensifying fighting in Sudan has displaced at least another 200,000 people since late 2025, while destructive seasonal floods are compounding the massive humanitarian emergency there, the UN International Organization for Migration (IOM) said on Wednesday. In an alert, the agency also warned that relief access has been disrupted further […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com