Bringing the EU Competition Rules in the Digital Market – the Commission Decision in the Google Android Case

Abstract

The majority of reactions to the Commission’s decision to impose a fine on Google because of its anticompetitive practices regarding the mobile operating system Android were mainly focused on the record-breaking size of the penalty on the company and the political message that some analysists see in the context of the tense EU - USA economic relations. However, the importance of the proceeding against Google’s commercial conduct reaches far beyond. The arguments of the Commission have the potential to show to what degree the settled understanding and practice on the abuse of dominant position can be applied in the digital technology markets. From a broader perspective the approach of the authority could also shape the role of the antitrust policy and rules for the innovation process and can potentially influence the way technology companies do business in Europe. Having something to learn from its experience with other proceedings against USA big tech companies, the EU watchdog has to seize the opportunity to prove that it is fit to provide robust application of antitrust rules in the digital 21st century.