Taking note of the Google Shopping judgement by the Court of Justice of the European Union (CJEU) earlier today, the Computer & Communications Industry Association (CCIA Europe) issued this statement.
The following can be attributed to Senior Vice President and Head of CCIA Europe, Daniel Friedlaender:
“CCIA Europe got involved in this case because of the significant repercussions it could have on the wider tech industry, not just big firms. And today’s judgement confirms that.”
“While the concerns raised in the original Infringement Decision from 2017 have been resolved in the meantime with the introduction of the Digital Markets Act (DMA) and Google’s search service being subject to those rules, the case revolved around a bigger question that remains relevant.”
“At the core of today’s judgement is the question how non-gatekeeper tech firms should design their products and services to be compliant with EU competition law. That is, those companies that actually are not in scope of the DMA.”
“It is essential that companies in Europe know when competition law will force them to share their technology with their rivals. These companies need legal certainty in advance, they shouldn’t be punished after-the-fact for competing successfully.”
“Today’s judgement provides more clarity in this respect, with the Court concluding that self-preferencing by companies is not inherently problematic.”
“Indeed, the judgement emphasises: ‘it cannot be considered that, as a general rule, a dominant undertaking which treats its own products or services more favourably than it treats those of its competitors is engaging in conduct which departs from competition on the merits irrespective of the circumstances of the case.’”
