Two complaints are about to be filed in courts in the Netherlands and the United Kingdom, against the American giant for “anti-competitive practices”. They are based on a decision of the French antitrust.
A muscular offensive is preparing against Google. Two complaints will be filed in the coming weeks by European and English publishers, in the courts of the Netherlands and the United Kingdom, against the American giant for “anti-competitive practices” in the field of online advertising. They are claiming up to 25 billion euros in damages from Google.
“His complaints are based on the decision rendered against Google last year by the Competition Authority in France”explain to Figaro Me Damien Geradin, one of the lawyers specializing in competition law in charge of the cases.
In June 2021, the tricolor gendarme had sentenced Google to a fine of 220 million euros for having promoted since 2014 its own services for the marketing of advertising space on Internet sites and applications. The Autorité’s decision thus opened the way to legal proceedings on the part of players who believe they have suffered from the practices of the American giant, in order to seek damages. “Since Google had not disputed the alleged facts, this created a presumption of infringement that can now be brought before the courts”says Damien Geradin.
Publishers Coalition
In detail, the complaint to be filed in the Netherlands, on the initiative of the firm Geradin Partners and the Dutch law firm Stek, will bring together several European publishers. Indeed, it is possible in the country to make a claim for damages which cover both facts that have occurred on the national territory but also in other States of the European Union. “We are in the recruitment phase to bring together complainants across the Twenty-seven Member States. These may be press publishers, but also game site publishers, for example, which work with online advertising.says Damien Geradin.
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A separate complaint will be filed, on the initiative of Geradin Partners and the British firm Humphries Kerstetter, with a court in the United Kingdom for English publishers. The procedure across the Channel will be based on the principle of “opt outmeaning that all UK publishers will automatically be included in the class action unless they ask to be excluded.
To arrive at the amount of 25 billion in damages requested, the lawyers explain that they rely on the calculation method presented in the decision of the French Competition Authority. The latter highlighted the large commissions collected by Google’s system of advertising exchange platforms, as well as the loss of revenue suffered by its competitors.
“ This legal action is speculative and opportunistic. As soon as we receive the complaint, we will fight it vigorously “comments for his part a spokesperson for Google. “ Google is working constructively with publishers across Europe. Our advertising tools, like those of our many adtech competitors, help millions of sites and apps fund their content, and help businesses of all sizes reach new customers. These services adapt and evolve in partnership with these same publishers “, wishes to specify the firm of Mountain View.
In recent months, the European Commission and the UK Competition Authority (CMA) have both announced that they are investigating Google’s practices in the area of advertising technologies. In the United States, moreover, a dozen states have filed complaints with federal courts.