Posts Tagged ‘Online Marketplace’

Google in last chance saloon

Wednesday, April 24th, 2013

After over 2 years of formal inquiry and negotiation, the online industry is now set to have its say on whether Google’s proposed remedies will effectively end the abuse of its dominance, restoring competition to the marketplace. ICOMP welcomes the formal market testing phase of the Commission’s investigation as a significant step forward and possibly a new lease of life for the digital ecosystem.

After years of denial and obfuscation, Google’s submission of remedies for market testing constitutes a de facto admission of dominance and abuse. Google has also finally accepted that any solution worthy of the name would have to involve changes to its search page – action it has never before countenanced. The fact that these admissions and concessions come only at the eleventh hour and only when the Commission saw fit to wield the threat of direct punitive action is disappointing but does not lessen their significance. They are certainly not concessions which would have been given willingly.

Market testing now presents the final and best opportunity for those harmed by Google to obtain redress. Recent leaks suggest that, perhaps unsurprisingly, Google’s offer falls far short of what is needed to provide this redress. If this is the case, it will be incumbent on the rest of the industry to stand up and make its message clear: “we need far more serious improvement if we are to level the playing field.”

ICOMP hopes, of course, that Google’s commitments will be rigorous, meaningful and published in detail for scrutiny and testing by those they will affect. In any event, the commitments will provide compelling evidence in any future action for damages.

It is perhaps the essential principle of a healthy marketplace that a company which enjoys Google’s overwhelming dominance cannot fail to offer a guarantee of equal treatment to would-be competitors. In view of Mr Almunia’s commitment to restore effective competition and the Commission’s own guidelines which refer repeatedly to need to deal with ‘persisting effects’ of infringing behaviour, the Commissioner must not accept anything which falls short of this.

ICOMP calls upon all concerned to participate and provide the evidence which allows the Commission to perform its duty and, if necessary, insist on enhanced commitments.

There is everything to play for.

David Wood, ICOMP Legal Counsel

ICOMP Statement: What’s required for a successful settlement?

Friday, February 1st, 2013

“To be seen as a success, any settlement must include specific measures to restore competition and allow other parties to compete effectively on a level playing field.”

“Any settlement must include explicit acceptance by Google of its dominance and that it has damaged European businesses through its anti-competitive practices.”

David Wood, ICOMP Legal Counsel

ICOMP is pleased that Google has finally offered proposed actions to address its 90% plus dominant market share of Europe’s search and search advertising markets. However, we note that this is just the first step and, as Google’s previous attitude to both voluntary and binding commitments has shown, we need to be diligent in ensuring that these proposals are both effective and can be closely monitored to ensure compliance.

There are more than twenty formal complainants in this case from all sides of the online economy, including ICOMP and a number of its members. We all look forward to assisting the Commission in assessing Google’s proposed remedies, once they have been made public. However, in the meantime it is clear that for any settlement based on these proposals to be considered a success there are a number of criteria that must be satisfied.

In May 2012, Vice President Almunia outlined four areas of concern with Google’s practices and behaviour. It is clear that each of these must be fully addressed by Google’s proposals and under-pinned by measures that ensure enforceability and transparency.

In addition, Vice President Almunia has himself publically stated that he believes that Google is dominant and that “my conviction is they are diverting traffic [to their own service]”[1]. Any settlement must recognise and include explicit acceptance by Google of this dominance and that its actions as a dominant player have damaged European businesses through the use of anti-competitive practices.

Almunia has also stated on several occasions that rapidly restoring effective competition, not just ending anti-competitive practices is his goal. To be seen as a success, any settlement must therefore include specific measures to restore competition and allow other parties to compete effectively on a level playing field with Google in the key markets of search and search advertising.

This is essential in order to address not just current unlawful practices but also to ensure that Google is not allowed to profit from the fruit of its illegal behaviour.

1] As reported by the Financial Times 10th January 2013 http://www.ft.com/cms/s/0/42a827b2-5b24-11e2-8d06-00144feab49a.html#axzz2JTjv4xab

A Cross and a Clove of Garlic

Friday, February 5th, 2010

It seems that the saga of the Google Books Settlement has been dragging on for years. We may now be approaching the denouement. Hostility to the Google Books Settlement has been widespread, with its defenders increasingly isolated as the full implications and impact of the proposed settlement become appreciated.
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Digitalisation: the Cart before the Horse?

Tuesday, January 12th, 2010

Digitalisation of the world’s books has led few if any voices to be raised against the aim of ensuring the widest possible access to knowledge, learning, art and culture. On the other hand, many voices have been raised against the means to this end, and some of the collateral damage being caused. Just before Christmas, the Paris Tribunal de Grande Instance added its authoritative voice to the debate.
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ICOMP: Revised Google Book Search Deal A Massive Disappointment

Monday, November 16th, 2009

Last Friday, 13 November, the parties to the US Google Book Search litigation filed a revised settlement proposal. The original proposal had drawn vociferous objections from the French, German, and US governments, as well as from authors, publishers, libraries, academics, and consumer groups across Europe and the world.
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Digital Revolution: Blessing and Curse of the Creative Industry!

Wednesday, June 24th, 2009

We – users of the world wide web – are all copyright abusing thugs! At first sight, this may seem like a rather controversial and certainly polemic statement. Yet one thing is for sure, the internet violates unconditional copyrights of creators- be it photographers, authors or music producers.
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SuMa e.V. Awards 2009 for democratic access to information on the internet

Friday, June 12th, 2009

Search engines play a major role in shaping our online information environment and are the gateway through which internet users enter and are guided through the World Wide Web. A healthy online marketplace also means ensuring that multiple channels are available to users to find and access information online. The increasing concentration of access to the world’s digital knowledge through a single player threatens the development of a pluralistic internet.
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