The CNMC is initiating a sanctioning procedure against Google for possible anti-competitive practices that would affect publishers of press publications and Spanish news agencies. According to the authority, the investigated conduct “could imply the abusive exploitation by Google of its dominant position in the Spanish market.” The initiation of this file does not prejudge the final result of the investigation. A maximum period of 18 months is now open for resolution by the CNMC.
Google and the alleged abusive practices, again on the table
The CNMC has opened a disciplinary file against Google LLC, Google Ireland Ltd., Google Spain, SL and against its parent company Alphabet Inc. Specifically, the file is opened for alleged practices restrictive of competition under the Competition Laws and the Treaty on the Functioning of the Union European.
The National Commission for Markets and Competition investigates Google for “the possible imposition of unfair trading conditions publishers of press publications and news agencies established in Spain for the exploitation of their content protected by intellectual property rights.” Likewise, it is noted that “the investigated conducts would also include practices that would constitute acts of unfair competition that could distort free competition affecting the public interest”.
The origin of this file falls on a complaint received at the CNMC by the Spanish Center for Reprographic Rights (CEDRO). Based on said complaint, the CNMC determines that there are “rational indications of the commission, by Google, of possible infractions.”
It is not yet known final result of the investigation, and it is that the aforementioned period of a maximum of 18 months for its final resolution remains open. After this period, it will be determined whether or not the sanction remains firm, as well as the relevant agreement or fine that will be closed with Google after the procedure.
This case is not something new. The file comes after the recent United States lawsuit against Google for its digital advertising business, and after closing in September 2022 the largest antitrust fine in Google’s history. These are recent cases, but Google has been receiving dominance penalties since 2017.
From Xataka we have contacted Google to find out its official position. They have told us the following:
“Google works constructively with publishers in Spain and in Europe. We make significant investments through our products, programs and financing. We will analyze the details of this case and answer the questions of the CNMC.”
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