ARTICLE
3 October 2018

Google Fined In Relation To Android

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ELVINGER HOSS PRUSSEN, société anonyme

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On 18 July 2018, the European Commission ("Commission") adopted a decision in Case AT.40099 – Google Android imposing a fine of 4.34 billion euros on Google LLC ("Google") ...
European Union Media, Telecoms, IT, Entertainment

On 18 July 2018, the European Commission ("Commission") adopted a decision in Case AT.40099 – Google Android imposing a fine of 4.34 billion euros on Google LLC ("Google") for abusing its dominant position on the market for general internet search in violation of Article 102 of the Treaty of the Functioning of the European Union ("TFEU").

According to the Commission's press release (the public version of the decision is not yet available), with regard to its very popular Android mobile operating system, Google has, since 2011, imposed various illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet search at a time when the importance of mobile internet was growing significantly.

The condemned practices concern, in essence, alleged illegal tying of Google's search and browser apps, payments conditional on exclusive pre-installation of Google Search, as well as the alleged illegal obstruction of development and distribution of competing Android operating systems.

Google must bring the contested conduct to an end within 90 days or face penalty payments of up to 5% of the average daily worldwide turnover of Alphabet Inc., its parent company.

Google can challenge this decision before the Court of Justice of the European Union.

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