A Golden Opportunity to Restore User Trust

The EU Court of Justice’s recent decision in Schrems, invalidating the EU-U.S. Safe Harbour—a primary mechanism used to lawfully transfer data across the Atlantic—has left both European and American companies reeling. Without the Safe Harbour, many everyday but essential business tasks, like reaching out to potential customers or working with business partners, have become mired … read more

European Court of Justice continues to grapple with online media issues

Judges at the European Court of Justice (ECJ) continue to grapple with online media issues. The latest case concerns when is a multimedia news outlet also an audiovisual service provider. The difference is important because the two are subject to different regulatory regimes. New Media Online is an Austrian company that operates the website of … read more

ICOMP Statement: CCI Charges Against Google

The filing of substantial charges against Google by India’s competition commission, the CCI, as reported in Indian and global media, represents a major step towards ending Google’s anti-competitive behaviour. It follows three years of detailed investigation of complaints in India. With competition authorities in both India and the EU now presenting formal statements clearly articulating … read more

Google in Denial

Today’s blog post from Google is, unfortunately, simply another attempt to divert attention away from the devastating impact their self-preferencing has had on the online market, making many of the same old arguments we have seen before. Commissioner Vestager has been clear that in her view Google’s systematic self preferencing of its own comparison shopping … read more

The Simple Application of European Competition Rules

Former President of the General Court of the European Union has recently published a paper regarding the essential facility doctrine with regards to the Google case. In his paper, in which he acknowledges he has undertaken paid research for Google, Mr Vesterdorf essentially argues that the Commission’s case is flawed because Google is not an … read more

Responding to Googlespeak: Part 4

Myth 4: Competitors don’t want us to include our own services in search results. In characterizing the Commission’s SO, Google claims it is based on allegations by competitors that “Google’s practice of including our own specialized results…in search have significantly harmed their businesses” (emphasis added).   Fact 4: Competitors just want Google to let them … read more

Responding to Googlespeak: Part 3

Myth 3: That there are other specialized online services proves we’ve done nothing wrong. Google claims that the continued existence of other comparison shopping services shows that the Commission’s “allegations of harm” are “wide of the mark.”   Fact 3: Google’s manipulation of search results harms consumers and competition. The Commission’s SO focuses on the … read more

Responding to Googlespeak: Confronting Google’s Arguments

On April 15, the European Commission announced that it had issued a Statement of Objections (SO) to Google for illegally abusing its dominance in search, and that it was opening a separate investigation into abuses involving Android, Google’s mobile operating system. In response, Google issued two blog posts “strongly disagree[ing] with” the Commission and setting … read more

Questions Raised by Google’s Response to the Statement of Objections

By the time Commissioner Vestager had made her announcement this week that Google were to be issued a Statement of Objections, the company had released their response, strangely titled “A Search for Harm”, on their blog setting out their initial arguments against the Commission’s finding. They had already laid the groundwork to this response with … read more

Come on, Google, address the facts

This week, the European Commission announced a Statement of Objections (SO) against Google, confirming that Google is dominant in search and that is has illegally abused that dominance. Immediately prior to that announcement, Google sent an internal memo to its staff in which it attempted to explain away the Commission’s concerns. The memo was soon … read more