Commission imposes EUR1.49 billion ne on Google for abusing its dominance in the online advertising intermediation market
02/04/2019

On 20 March 2019, Google was ned EUR 1.49 billion for infringing EU Competition Law. The Commission found that Google had abused its dominance in the online advertising intermediation market by including anticompetitive clauses in its contracts with third party websites.

Through its AdSense for Search, Google acts as an intermediary between advertisers and website owners willing to use the space around their search results pages to make pro t. The Commission’s investigation con rmed that Google was the dominant operator in online search advertising intermediation in the European Economic Area (“EEA”): in between 2006 and 2016, it held market shares above 70% in the EEA.

The Commission’s investigation has shown that, as from 2006, in hundreds of the agreements concluded between Google and the most commercially important publishers, Google had imposed exclusivity clauses. This prevented publishers from displaying adverts from competitors on their search result pages.

The investigation has also revealed that, as of March 2009: (i) these exclusivity clauses were gradually replaced by “Premium Placement” clauses, which obliged publishers to reserve the most pro table spaces for Google’s adverts; and (ii) new clauses were introduced in the contracts so as to require Google’s wri en approval in order for publishers to be able to change the way Google’s competitors’ ads were displayed.

In other words, Google imposed exclusive supply obligations and, later, implemented a “relaxed exclusivity” strategy with the aim of keeping for its own search adverts the best positions as well as controlling the performance of competing adverts.

These practices constituted an abuse of dominance in the online search advertising intermediation market,contrarytoArticle102oftheTreatyontheFunctioningoftheEU(“TFEU”).Asaconsequence, competition and consumers were harmed, innovation was hindered and websites’ owners were obliged to use Google almost exclusively. No e ciencies were demonstrated by Google.

Voir aussi : Gomez-Acebo & Pombo ( Mr. Miguel Troncoso-Ferrer )

[+ http://www.ga-p.com]

Mr. Miguel Troncoso-Ferrer Mr. Miguel Troncoso-Ferrer
Partner
mtroncoso@gomezacebo-pombo.com

Click here to see the ad(s)
Tous les articles Droit Européen

Derniers articles Droit Européen

Belgium introduces plain packaging for tobacco products
15/07/2019

Following the example of Australia, the UK, Norway and France, Belgium has introduced plain packaging for tobacco products...

Belgium introduces plain packaging for tobacco products Read more

Nieuw fiscaal regime in Italië richt zich op gepensioneerde buitenlanders
15/07/2019

“La dolce vita” in Italië, het kan sinds 1 januari 2019 ook voor gepensioneerden zonder extreme vermogens...

Nieuw fiscaal regime in Italië richt zich op gepensioneerde buitenlanders Read more

EU Regulation on online platforms approved
26/06/2019

On 14 June 2019, the Council of the European Union approved the new Regulation on promoting fairness and transparency of o...

EU Regulation on online platforms approved Read more

Plain Cigarette Packaging in Belgium as from 1st January 2020
24/06/2019

Plain packaging is gaining ground in Europe and around the world. Following in the footsteps of France, the United Kingdom...

Read more

Derniers articles de Mr. Miguel Troncoso-Ferrer

Nike ned EUR 12.5 million by Commission for imposing cross-border sales restrictions on its cont...
09/04/2019

The Commission has established that Nike’s non-exclusive licensing and distribution agreements breached article 101 ...

Read more

The Commission clears the acquisition of parts of Fox by Disney with commitments
29/11/2018

On 14 September 2018, Disney noti ed its proposed acquisition of certain parts of Fox’ business. Disney and Fox are ...

Read more

The European Commission fines Google EUR4.34 billion for abuse of dominance
03/08/2018

The European Commission has found that Google has been imposing illegal restrictions on Android device manufacturers and m...

Read more

New EU Regulation to ban unjustified geo-blocking in the internal mark
02/04/2018

Regulation 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjusti ed geo-blockin...

Read more

LexGO Network