Google's Digital Ad Conquest: A Victory in Court, but the Challenge Continues
Europe, LONDON, EUThursday, September 19, 2024
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The European Union's General Court has dealt a significant blow to the European Commission's antitrust enforcement by overturning the 1.49 billion euro fine imposed on Google five years ago. The penalty was aimed at the tech giant's online advertising business, specifically targeting its practices of selling ads next to search results on third-party websites. The court's decision is a major win for Google, as it throws out the commission's decision in its entirety.
According to the court, the commission "committed errors" when it assessed the clauses in Google's contracts that prohibited website owners from running ads sold by rivals. The court ruled that the commission failed to demonstrate that these clauses deterred innovation, harmed consumers, or helped Google maintain its dominant position in national online search advertising markets.
Google has been under intense scrutiny over its digital ad business, with regulators on both sides of the Atlantic expressing concerns over its dominance. In the US, the Justice Department is currently investigating allegations that Google's control over the technology that controls the sale of internet display ads constitutes an illegal monopoly. Meanwhile, British competition regulators have accused Google of abusing its dominance in the country's digital ad market and giving preference to its own services.
Despite the court's ruling, the commission has stated that it will carefully study the judgment and reflect on possible next steps. This could potentially lead to an appeal to the Court of Justice, the bloc's top court. However, Google has already announced that it has changed its contracts in 2016 to remove the provisions in question, even before the commission imposed its decision.