European justice rules Wednesday, November 10 on an appeal for annulment of Google against a fine of 2.4 billion euros imposed by Brussels for abuse of a dominant position in the market of price comparison.
The judgment of the Luxembourg-based EU court is expected at 11 a.m. (10 a.m. GMT).
It could cancel, validate or even reduce the amount of the fine imposed by the European Commission in June 2017, which at the time constituted a record amount, since exceeded.
The EU executive and Google will still be able to appeal to the higher instance, the EU court of justice, if the first instance judgment does not satisfy them.
Read also Neighboring rights: the Competition Authority imposes a 500 million euro fine on Google
This case is one of the three major disputes opened by Brussels against the American search engine giant and which are the subject of long-term legal battles.
The Commission, guardian of competition within the EU, accuses Google of having abused its dominant position in online search to promote its Google Shopping price comparison in 13 European countries and ensure it a hegemonic position by making its competitors less visible to consumers.
The investigation was opened in 2010, after complaints filed by rivals such as the American TripAdvisor or the French comparator Twenga.
8.2 billion fine in three procedures
In addition to paying the fine, Google had been asked to remedy the problem under penalty of penalties, even as the legal action continued. The company had to change the display of search results to accommodate competing services. But the latter remain dissatisfied, still believing themselves to be treated unfairly. Going to court in September 2017, Google claimed that the EU was
“wrong in law, in fact and in economics”
. The Internet giant believes that the sanctions against it have the main effect of restraining innovation, to the detriment of consumers.
The case constitutes a new major test for the Commissioner for Competition, Margrethe Vestager, who last year suffered a resounding failure in European justice against Apple, whose tax benefits she denounced in Ireland.
But if the Luxembourg-based court approves the Commission's fine on Wednesday, experts believe that the latter could be encouraged to open new proceedings targeting other Google activities, especially in the field of vacation rentals or advertisements. jobs for similar grievances.
Read alsoAdvertising: the EU investigates Google
In another case, Google challenged at the end of September before European justice a record fine of 4.3 billion euros imposed in July 2018 by Brussels concerning its Android operating system for mobile phones, accused of establishing supremacy of its search engine and its Chrome browser. The European Commission also sanctioned Google with a fine of 1.5 billion euros in March 2019 for anti-competitive practices by its advertising network AdSense.
In total, the Commission is claiming from the Mountain View (California) group some 8.2 billion euros, adding up the three procedures, which makes it one of the firms most heavily sanctioned by Margrethe Vestager.
Noting the slowness of investigations and legal remedies which make them ineffective, the EU is in the process of drafting new legislation to finally bring the digital giants into line.
Brussels presented in December 2020 a draft regulation (DSA / DMA) which provides for obligations and prohibitions accompanied by dissuasive sanctions.
The text is currently being examined by the European Parliament and the Member States.
