What can we learn from recent French cases in the



Similar documents
Balancing IP Protection and Antitrust

Electronic Commerce and Competition (October 2000)

Note on 2 nd market test of Google s commitments. November 2013

Client Update A New Ruling by the French Data Protection Authority: Is the Right to Be Forgotten Crossing the Atlantic to the U.S.?

Unilateral Conduct Working Group Questionnaire Response by Tadmor & Co. (Israel)

Going Vertical: The Hospital-Health Insurer Merger. By Christi J. Braun 1 Farrah Short

TRINIDAD AND TOBBAGO:

How To Compete With A Monopoly On A Job Portal

Inhouse Masterclass: Data Developments - Cyber Security & the Right to be Forgotten. MHC.ie

Pre-Merger Notification United Kingdom

competition bulletin

Competition Laws and the Telecom war-fare

Business Associate Agreement

Screening report Iceland

GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE DREAMJET WEBSITE

Online Advertising Business Models and Distinctive Signs: Should One Rethink the Concept of Confusion?

International Competition Network Unilateral Conduct Working Group Questionnaire. Refusal to Deal

13 November Question 4: Refusal to deal is only an administrative violation and administrative sanctions are imposed.

Terms and Conditions of Use and Sale as at 1 st January 2009

Qihoo v. Tencent: economic analysis of the first Chinese Supreme Court decision under Anti-Monopoly Law

Merger Control. Increasing international scrutiny? John Davies leads the global interview panel covering 27 key economies

EU Competition Law. Article 101 and Article 102. January Contents

Procurement and competition rules

Tying Up the Cloud: A Study in Antitrust Issues in Cloud Computing

EDRi s. January European Digital Rights Rue Belliard 20, 1040 Brussels tel. +32 (0)

Antitrust in the Digital Age: How Enduring Competition Principles Enforced by the Federal Trade Commission Apply to Today s Dynamic Marketplace

Competition Policy International

Code. Commercial Law BOOK IV - ON THE FREEDOM TO SET PRICES AND TO COMPETE. Legislative section. Title I : General Provisions

RELOCATEYOURSELF.COM B.V - TERMS OF USE OF SERVICES

ONLINE GAMBLING BALANCING FREE TRADE & SOCIAL POLICY

Online Interest-Based Advertising: The Road Traveled and the Road Ahead

Introduction to the New Company Law of the People s Republic of China

[ 2014 Privacy & Security Update ].

UNITED STATES DISTRICT COURT.,"",,,'I '5..,! I: " 9 MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ". "\T

Competition Legislation. Competition Act Application in the Energy Sector

For Sound Development of Internet Services - Guideline for codes of practices for Internet Service Providers -

Data protection issues on an EU outsourcing

D.C., A MINOR V. HARVARD-WESTLAKE SCH., 98 Cal. Rptr. 3d 300. Plaintiff D.C., a student, appealed a Los Angeles Superior Court decision in favor of

1. Summary of Regulatory Impact Analysis (RIA)

DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE WASHINGTON, D.C

ROHIT GROUP OF COMPANIES PRIVACY POLICY This privacy policy is subject to change without notice. It was last updated on July 23, 2014.

ICOMP Submission to Ireland s Consultation Paper on Copyright and Innovation

Rien Ne Va Plus European Operators sued for illegal competition in French courts

The Copyright and Innovation Consultation in Adobe Systems Inc.

The impact of Internet content regulation. Prepared by the Commission on E-Business, IT and Telecoms

European Union Law and Online Gambling by Marcos Charif

Data and Cyber Laws Up-date 9 July 2015

DEALING WITH INTERNATIONAL PERSONAL INJURY CLAIMS KATHERINE ALLEN IRWIN MITCHELL SOLICITORS

the paris office Elizabeth Naud and Luc Poux, architects

ACQUISITIONS IN CHINA : ASSET OR SHARE DEAL?

SUBSTITUTE SENATE BILL State of Washington 64th Legislature 2015 Regular Session

Complaints about unauthorised discounts offered by PCCW-HKT Telephone Limited to business customers

Global Guide to Competition Litigation Poland

COMPLAINTS IN RETIREMENT HOMES

BAD CONSUMER REVIEWS ONLINE: STRATEGIES FOR REMOVAL

How To Understand The Decision In The Case Of Placanica

Print and Digital on a Fair Playing Field. Francine Cunningham Executive Director European Newspaper Publishers Association

Oligopoly in small economies

Knowledge. Practical guide to competition damages claims in the UK

NET NEUTRALITY: COMPARING FRANCE WITH OTHER RELEVANT JURISDICTIONS

STATEMENT BY ASSISTANT ATTORNEY GENERAL R. HEWITT PATE REGARDING THE CLOSING OF THE WESTERN UNION MONEY TRANSFER INVESTIGATION

Cartel Regulation 2006, Spain. Edurne Navarro and Sergio Baches. Uría Menéndez Lawyers

Professional Solutions Insurance Company. Business Associate Agreement re HIPAA Rules

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Course equivalencies for Aarhus School of Business Denmark

English text only DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE ANNUAL REPORT ON COMPETITION POLICY DEVELOPMENTS IN DENMARK

Knowhow briefs The Brussels regulation at a glance

CLOUD COMPUTING Contractual and data protection aspects

SAMPLE. Session: PDI-02 - Compliance and Advice. The objective of this report is to provide you with information to guide your future studies.

Privacy Issues Airports

.paris Registration Policy

China Steps up Antitrust Enforcement.

INFRINGEMENTS AND ABUSES OF MARKS ON THE INTERNET: CASE STUDY. Franck Fougere

Business Set Up, Transfer and Closure Productivity Commission GPO Box 1428 Canberra ACT 2601 Via

UNDERSTANDING ANTITRUST LAWS

Ladies and gentlemen, I'm not in the hamburger business. My business is real estate. Ray Kroc, McDonald s Founder

.paris Registration Policy

ISP liability in Denmark

PRIVACY POLICY USER INFORMATION. Information you provide to us

Summary of responses to the public consultation on Cloud computing run by CNIL from October to December 2011 and analysis by CNIL

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ANDRÉS RUIZ DE ZÁRATE JARAIZ Magister Lvcentinvs 23th MAY 2012 LEGAL FRAMEWORK

DSTI/ICCP/REG(98)10/FINAL Or. Eng.

Family Policy Compliance Office Guidelines: Disclosure of Education Records Concerning Registered Sex Offenders

ONLINE PAYMENTS: Bridging the Gap between Fraud Prevention and Data Protection

GOOGLE's ADWORDS PROGRAM

United Nations Guidelines for. Consumer Protection

IMPLEMENTATION OF MEAs IN NATIONAL LAW. This course was developed in cooperation with the IUCN Academy of Environmental Law

Processor Binding Corporate Rules (BCRs), for intra-group transfers of personal data to non EEA countries

IFLR. Merger Control Survey Lead contributors Ian Giles and Marc Waha. Merger Control Survey

What is Online Dispute Resolution? Why use Online Dispute Resolution? What are the different types of Online Dispute Resolution?

How To Control Content On The Cloud

Trademark Infringement Liability of the Trading Platform Operators. Wang Ze, China Trademark Association Shanghai, June 15, 2012

Market Power and Intermediaries: The Case of Google

Case 3:14-cv H-JMA Document 1 Filed 03/24/14 Page 1 of 11. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.

ETSI Guidelines for Antitrust Compliance Version adopted by Board #81 on 27 January 2011

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO

Corporate Social Responsibility: A New Era of Transnational Corporate Liability for Human Rights Violations?

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

Ad blocker: A new right for users or a threat for the internet? Relevance & State of the Law in Asia

Transcription:

What can we learn from recent French cases in the online advertising sector? Cédric Argenton Tilburg Law and Economics Center (TILEC) 1

France as a test jurisdiction Several complaints regarding Google or other market participants are being investigated by a number of competition authorities (CAs) France is special in at least three ways: CA is generally seen as sympathetic to the use a more economic approach CA has devoted ample resources to a detailed sector investigation (English version available) At least two (competition) cases regarding Google have been decided: one by the CA, one by a (lower) court (France is also at the forefront of the European investigations regarding Google s privacy policies: CNIL coordinates) 2

Purpose of this presentation Revisit: CA s sector inquiry (Opinion No 10-A-29 of 14 December 2010) CA s Navxdecision (Decision No 10-D-30 of 28 October 2010) (uncontested) Judgment of the Commercial Court (Tribunal de commerce) of Paris of 31 January 2012, Bottin Cartographes v. Google France, Google Inc. (appealed) See how recent economic results shed light (or not) on those decisions/investigations Draw lessons for future of competition law enforcement in the sector 3

Sector inquiry Request by French Ministry for Economic Affairs on 18 February 2010 (pressure from website publishers and content providers) Detailed investigation in 2010 Lengthy report in December 2010 Two-sidedness of search platforms acknowledged but market for search queries not investigated Main evidence: survey sent out to advertisers; no econometrics Main economic issue: market definition on the side of advertising 4

Sector inquiry (2) National advertising markets (differences in language, culture, brands, consumption patterns) Online and offline advertising are not in the same market Specific search-based advertising market Google on a dominant position on this latter market A number of competition concerns (possible abuses) 5

Navxcase Navx= provider of databases on radars used by police to detect speeding (inter alia) Legal activity AdWordsaccount abruptly closed by Google on the basis of its content policy (contractual terms) Threatens the business model of the firm which makes 70% of sales through searchrelated commercial links 6

Navxcase (2) CA accepts Google s commitment to adapt AdWordscontent policy for two years with regards to devices/services susceptible to undermine driving laws enforcement: better definition of what is/is not allowed and notification procedures CA acknowledges that Google will implement such changes for all contents and all countries Commitment decision : no economic analysis of relevant market, dominance, or abuse 7

BottinCartographescase Private liability action introduced by Bottin Cartographesagainst Google before a commercial court (B2B) BottinCartographesprovides programming services to website publishers (maps) Argues that Google by delivering Google maps for free to websites violates Art 102 EU as well as French legislation on abnormally low prices Google appeals to Commission s guidance paper regarding predatory pricing but Court applies formal criteria from case law 8

BottinCartographescase (2) Court rules: That Google is a de facto monopoly on the French market for search engines That Google is in a dominant position on the market for online maps (adjacent market) That the free provision of maps by Google does not cover the variable costs of production That the practice under review has the effect of evicting any competitor but is also obviously part of general anticompetitive strategy because contractual terms allow Google to insert map-related ads in the future Awards plaintiff EUR 0.5m in damages 9

Lessons None of the three decisions/investigations really tries to actualize recent advances in economic theory regarding two-sided markets General acceptance that there is a market for search-related online advertising Whether this applies to markets for other online services calls for more research A number of issues have to do with economic freedom/contractual balance: would have been picked up under contract law even if Google were not dominant 10

Lessons (2) Global firms face legal risks that affect their global business model in many jurisdictions: should we welcome private enforcement developments? Google s expansion into specialized services ( verticals ) is particularly problematic: Bottinhas a one-sided business model, Google a two-sided model What predatory pricing means in a context where one side is charged nothing is problematic; however, it should be clear that one-sided competitors cannot survive: is twosidedness the abuse? Tension between (lack of precise) economic theories of harm on two-sided markets and somewhat formalistic case law: a preview of the European Commission case? 11