Google Responds to EU Antitrust Charges on Android -- Update
November 10 2016 - 10:30AM
Dow Jones News
By Natalia Drozdiak and Sam Schechner
BRUSSELS-- Snowed under by formal antitrust charges leveled at
three different areas of its business, Alphabet Inc.'s Google may
be increasingly tempted to reopen previously unsuccessful
negotiations with the European Union's competition authorities to
settle the cases.
Google on Thursday fired off its response to the third set of
formal charges issued by the European Commission, the bloc's
antitrust regulator--this time rebutting the EU's allegations that
the search giant abuses its dominance with its mobile operating
service Android. The statement follows tech giant's response last
week to allegations in two other cases related to its shopping
search service and to one of its niche advertising products.
In a blog post Thursday, Google general counsel Kent Walker said
"Android hasn't hurt competition" but rather has "expanded it."
If the EU deems Google guilty, the regulator could impose hefty
fines in each of the three cases and require that Google overhaul
its operations in parts. But such a finding by the EU could also
cause further damage for Google.
The tech giant would likely also face costs associated with
years of legal battles, against the EU as well as private litigants
seeking compensation for damages.
Settling the cases with the commission could wipe out some of
those problems. Google would have to pledge to significant changes
to its operations and would only get hit with a fine if it goes
back on its promise. It would also absolve Google from admitting
guilt, making it harder for private litigants to claim damages.
But it is unclear to what extent the option is feasible after
Google for years haggled with the previous antitrust commissioner,
Joaquín Almunia, about how to present search results in Europe in
various attempts at a settlement with the regulator. Those previous
efforts failed, after Google rivals complained that the proposed
settlements wouldn't have required significant changes in Google's
practices.
The EU's antitrust chief, Margrethe Vestager, who lodged formal
charges against Google in April 2015, has said the settlement
option is open. But she has indicated that any fresh proposal would
need to differ substantially from the three earlier attempts.
"If it didn't work under Almunia, my sense is that it wouldn't
work now under Vestager who is really trying to make a point," said
Michael Carrier, an antitrust professor at Rutgers Law School.
While the commission may be eager to reach a guilty decision in
the Google case to deter other firms from pursuing anticompetitive
behavior, a settlement in some or all of Google's three cases would
free much-needed resources in the antitrust regulator's
department.
Some rivals say they wouldn't in principle oppose a settlement
between Google and the commission.
"If there is scope for truly effective remedies, then many of
the complainants would likely welcome it," said Thomas Vinje, a
Brussels-based partner at Clifford Chance who represents
complainants against Google. "We have no interest in a fine, it's
the conduct that matters."
Google has said it doesn't rule out any options. The company's
immediate priority, however, is to respond to the EU's charges and
submit evidence to refute the regulator's allegations.
Google may find it easier to change behavior in some cases
rather than others. In the EU's advertising case, Google said it
has already phased out some of its most restrictive requirements
for Google ads in its AdSense for Search contracts.
But as the EU delves deeper into Google's core business areas,
such as Android, "the less likely Google would want to voluntarily
give what it sees as its way of making money in the future," Mr.
Carrier said.
Since its launch in 2007, Android has grown into a behemoth,
running more than 80% of the world's smartphones, with a much
bigger presence in Europe than in the U.S. market.
The EU accuses Google of abusing that dominance to force phone
makers into favoring the Google search engine and Chrome browser on
their devices. Those apps ensure consumers see Google's search
advertisements--its cash cow--when they look things up on their
smartphones.
The case has led some lawyers to draw direct links to the
commission's successful 2004 decision condemning Microsoft for
bundling products into its Windows software.
"Realizing that, the rational thing to do is to settle," said
Nicholas Economides, an economics professor at New York University
Stern School of Business.
Google rejects the comparison to the Microsoft case, arguing
that nothing restricts phone makers or telecom companies from
installing other apps on phones.
"No manufacturer is obliged to preload any Google apps on an
Android phone," Google's Mr. Walker said in Thursday's blog post.
"But we do offer manufacturers a suite of apps so that when you buy
a new phone you can access a familiar set of basic services."
Stu Woo contributed to this article.
Write to Natalia Drozdiak at natalia.drozdiak@wsj.com and Sam
Schechner at sam.schechner@wsj.com
(END) Dow Jones Newswires
November 10, 2016 10:15 ET (15:15 GMT)
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