Proceedings against Alphabet/Google
Google News Showcase: Improvements for publishers
View Case Summary (in German only)
Google News Showcase is a Google news service which offers publishers options to present their content within a specific framework set by Google. Important improvements were achieved for publishers as a result of the Bundeskartellamt’s proceeding (see our press release of 21 December 2023).
Why did the Bundeskartellamt examine the matter?
The Bundeskartellamt was concerned that Google News Showcase could squeeze similar services offered by other providers out of the market and that participating publishers may be unfairly disadvantaged by Google. Due to the Bundeskartellamt’s proceeding Google responded to the concerns and made important changes to the benefit of publishers.
What are the results?
Most notably, Google has abandoned its plans to integrate Showcase into the general Google search service. Whether or not a publisher participates in Showcase will continue to be irrelevant for the ranking of the search results. Google has changed its contractual practice so that press publishers will have no difficulty in asserting their general ancillary copyright. It has also been ensured that more publishers will be able to participate in Google News Showcase in the future.
Google undertakes to give users more choice when it comes to the processing of their data
Decision rendered in the Google data processing case (in German only)
Providing users with greater control over their data when using Google services – this is the result of the Bundeskartellamt’s proceeding based on the German Competition Act’s new provisions applicable to digital companies (Section 19a GWB), which was concluded in October 2023.
The improved control options apply to situations in which Google combines personal data from one Google service with personal data from other Google services or non-Google sources or uses these data in Google services which are provided separately.
The market power of large digital companies is based on the collection, processing and combination of data. These data are not available to Google’s competitors, which puts them at a serious competitive disadvantage.
By giving users choice options the Bundeskartellamt limits Google’s data-driven market power and protects the users’ right to control the use of their data.
Services included/Cooperation with the EU
The proceeding was conducted in close cooperation with the European Commission as some services provided by Alphabet/Google are now subject to the provisions of the new EU Digital Markets Act (DMA). This applies to Google Shopping, Google Play, Google Maps, Google Search, YouTube, Google Android, Google Chrome and Google’s online advertising services. These services are already subject to obligations under the DMA, in particular with regard to cross-service data processing. While not all of Google’s services are covered by the DMA’s rules, the outcome of the Bundeskartellamt’s proceeding also extends to more than 25 other services (including Gmail, Google News, Assistant, Contacts and Google TV).
What are the results?
The proceeding was conducted in close cooperation with the European Commission as some services provided by Alphabet/Google are now subject to the provisions of the new EU Digital Markets Act (DMA). This applies to Google Shopping, Google Play, Google Maps, Google Search, YouTube, Google Android, Google Chrome and Google’s online advertising services. These services are already subject to obligations under the DMA, especially regarding processing data on a cross-service basis. While not all of Google’s services are covered by the DMA’s rules, the outcome of the Bundeskartellamt’s proceeding also extends to more than 25 other services (including Gmail, Google News, Assistant, Contacts and Google TV).
The Bundeskartellamt is conducting further examinations
Google Maps Platform
Since February 2022 the Bundeskartellamt has been examining possible anti-competitive restrictions which negatively affect alternative map services on the Google Maps Platform. This concerns restrictions imposed by Google regarding the combination of Google Maps Platform’s services with third-party map services. These restrictions may impede competition between map services applications, such as those used by logistics, transport and delivery service providers. They may also have a negative effect on competition between services for in-car infotainment systems by making it more difficult for map service providers to develop effective alternatives to Google Maps.
Google Automotive Services
When it comes to the licensing of services for in-car infotainment systems the Bundeskartellamt considers many of Google’s practices to be incompatible with the new provisions under Section 19a GWB. In June 2023 the Bundeskartellamt issued a statement of objections against Alphabet/Google. According to the statement, the authority considers it particularly problematic if Google offers its services for infotainment systems only as a bundle, as this reduces its competitors’ chances to sell their competing services on a stand-alone basis.
In particular, the Bundeskartellamt takes issue with the following practices:
- Google offers its Google Maps, Google Play and Google Assistant services to car manufacturers only as a bundle (referred to as “Google Automotive Services”).
- Google gives certain car manufacturers a share of the advertising revenue in return for not pre-installing other voice assistants alongside Google Assistant.
- Google Automotive Services licence holders must set Google services as the default or display them prominently.
- Google makes it difficult or impossible for the services included in the Google Automotive Services to interoperate with third-party services.
In response to the Bundeskartellamt’s competition concerns, Google has proposed solutions, which the authority is assessing in a market test. For this purpose, the Bundeskartellamt contacted car manufacturers and Google’s competitors at the end of 2023 to obtain their views on these proposed solutions and to gather further information, in particular on technical issues.
