Google does not give way. Accused by the European Union of abusing its ultra dominant position in online research, the web giant defended himself on Wednesday 12 February in court. According to the company, lawsuits launched by Brussels could threaten innovation on the Internet.

The battle between the European Commission, the guardian of competition in the EU, and the American giant has been going on for ten years. Google has been fined Brussels three times, for a total amount of 8.25 billion euros, in three different anti-trust cases.

From Wednesday to Friday, it is the first of three cases, known as "Google Shopping", which is the subject of pleadings before the EU court in Luxembourg.

Undisputed Colossus

In June 2017, Brussels imposed a fine of 2.42 billion euros on Google for having abused its dominant position in online search in order to favor its price comparison "Google Shopping" to the detriment of its rivals, such as French Kelkoo. Two and a half months later, the American filed an appeal in Luxembourg.

"If Google had had to face the Commission's decision in 2008, it would have had no other option than to abandon its innovative technologies", said the lawyer for the American firm, Thomas Graf, at the first argument day.

James Killick, lawyer for CCIA Europe, Google supporter and representative of the digital industry lobby in Brussels, told him that the Commission's requirements "could ultimately harm consumers and internet users".

Commission counsel Nicholas Khan noted the power of the Mountain View juggernaut. His "status as a colossus of the digital age is undisputed and until recently incontestable," he said, accusing him of being the cause of "serious damage to the competition".

For Brussels, Google has relegated to the bottom of the ranking of search results the competitors of its price comparison Google Shopping, making them less visible to consumers.

Test for Margrethe Vestager

The decision of European judges - subject to appeal - could come as early as the summer, according to a source in Luxembourg. Beyond the Google case, it will serve as a test for the European Commissioner for Competition and Digital Affairs, Margrethe Vestager, who has an uncompromising policy vis-à-vis the giants of Silicon Valley.

A defeat in front of the judges could weaken it, whereas it intends to legislate on the high tech, a sector where the American companies are largely dominant.

To her hunting board, the Danish not only hooked Google, but also Apple. Summoned to reimburse Ireland 13 billion euros in tax benefits deemed undue, the apple company is also contesting its decision before European judges.

Destroy the competition

The Shopping case was followed very closely by Google's competitors in other fields, such as sites specializing in job or travel searches, or the Federation of German press publishers, the complainant in this case.

Two days before the pleadings, large platforms such as Expedia and Tripadvisor and federations of tourism businesses denounced this behavior in a letter to the European Commission.

After the Google Shopping case, European judges must decide on the ongoing disputes related to the operating system for Android smartphones and Google's advertising management. In these two cases, the American filed an appeal against the fine imposed by Brussels.

With AFP

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