Forum. The european Commission has imposed on July 18, a fine of 4.34 billion euros to Google, in the case of Android. By this decision, the european Commission penalizes Google for having abused its dominant position, hampered innovation and private consumers a wider choice of applications.
The fine is the largest ever taken by the Commission as a business entity in the head of the competition law, the previous largest penalty – 2,42 billion euros – that has already affected Google, in the so-called case of the ” search engine “, in June 2017.
Let’s say it clearly : there would be much to say at the bottom on this decision. On the competitive analysis first and on the reasons for which, among other things, the Commission has estimated that Apple and its iOS operating system were not part of the same relevant market as Android.
A new step
On the amount of the fine by also, which marks a new stage in the criminalization of the competition law, whose origin goes back to 2000 years and to the will of Neelie Kroes, commissioner for competition of the Commission, ” Barroso 1 “, to toughen sanctions against companies convicted of cartel or abuse of dominant position.
These issues will likely be settled in the future as it is hard to imagine, given the magnitude of the fine, that Google does not dispute, as he has the right to and as is customary, the decision before the community courts.
However, an essential part of the interest of this case is not there. In fact, in this case, the amount of the fine, its media coverage, are based the question once again of the tenuous border between politics and law. And one wonders if in the present case, this boundary has not been crossed.
This question is not a theoretical question. The european Union is built entirely on the right,…