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March 20, 2019
US search giant Google has received yet another fine from the European Commission, this time for abusing its dominant position in online advertising.
Specifically this ruling refers to ads served against Google search results embedded in third party websites. The EC doesn’t like the way Google used to go about this and, having reviewed loads of historical contracts between Google and these other websites, found the following:
Starting in 2006, Google included exclusivity clauses in its contracts. This meant that publishers were prohibited from placing any search adverts from competitors on their search results pages. The decision concerns publishers whose agreements with Google required such exclusivity for all their websites.
As of March 2009, Google gradually began replacing the exclusivity clauses with so-called “Premium Placement” clauses. These required publishers to reserve the most profitable space on their search results pages for Google’s adverts and request a minimum number of Google adverts. As a result, Google’s competitors were prevented from placing their search adverts in the most visible and clicked on parts of the websites’ search results pages.
As of March 2009, Google also included clauses requiring publishers to seek written approval from Google before making changes to the way in which any rival adverts were displayed. This meant that Google could control how attractive, and therefore clicked on, competing search adverts could be.
Taken at face value this would appear to be a clear abuse of Google’s dominant position and it seems to have got off pretty lightly, since it got a much bigger fine for abusing Android’s dominant position last year, on which more below. The EC has been pretty consistent in its position on dominant US tech players deliberately seeking to restrict competition, just ask Microsoft and Intel, so none of this can have come as a surprise to Google.
“Today the Commission has fined Google €1.49 billion for illegal misuse of its dominant position in the market for the brokering of online search adverts,” said Commissioner in charge of competition policy Margrethe Vestager. “Google has cemented its dominance in online search adverts and shielded itself from competitive pressure by imposing anti-competitive contractual restrictions on third-party websites. This is illegal under EU antitrust rules. The misconduct lasted over 10 years and denied other companies the possibility to compete on the merits and to innovate – and consumers the benefits of competition.”
As the quote indicates, Google isn’t doing this anymore, but only packed it in once the EC flagged it up in 2016, so that’s still a decade of naughtiness. For some reason Google also chose today to show some belated contrition for one of the things it got fined for last year: forcing Android OEMs to preinstall Google Search and the Chrome browser.
In a blog post amusingly entitled Supporting choice and competition in Europe, Google SVP of Global Affairs Kent Walker started by stressing there’s nothing he loves more than healthy, thriving markets. Having said that he went on to make it clear that its most recent move to improve competition was taken solely to get the EC off its back.
“After the Commission’s July 2018 decision, we changed the licensing model for the Google apps we build for use on Android phones, creating new, separate licenses for Google Play, the Google Chrome browser, and for Google Search,” wrote Walker. “In doing so, we maintained the freedom for phone makers to install any alternative app alongside a Google app.
“Now we’ll also do more to ensure that Android phone owners know about the wide choice of browsers and search engines available to download to their phones. This will involve asking users of existing and new Android devices in Europe which browser and search apps they would like to use.”
How touching. Presumably today was some kind of deadline for Google to comply or else. The matter of browser choice is highly reminiscent of Europe’s case against Microsoft for bundling Internet Explorer with Windows. The prime beneficiary of that was, you guessed it, Google, which now accounts for around two thirds of European desktop browser share (see chart), achieved through merit rather than cheating. How sad then, so see history repeating itself on mobile.
So that takes the total amount Europe has fined Google to €8.25 billion. In response to a question after her announcement (below) Vestager revealed the EC has some kind of fine ceiling of 10% of annual revenues so, since Google brought in around €120 billion last year that still leaves plenty of room for further fines if Google keeps getting funny ideas. Incidentally she also revealed that the fines get distributed to member countries, not trousered by the EC itself, which is reassuring.
As the Editorial Director of Telecoms.com, Scott oversees all editorial activity on the site and also manages the Telecoms.com Intelligence arm, which focuses on analysis and bespoke content.
Scott has been covering the mobile phone and broader technology industries for over ten years. Prior to Telecoms.com Scott was the primary smartphone specialist at industry analyst Strategy Analytics’. Before that Scott was a technology journalist, covering the PC and telecoms sectors from a business perspective.
Follow him @scottbicheno
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