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FAS has recognized Google as violator of antitrust laws



It is strange that there is no this news, although bobuk wrote about the appeal to the FAS quite quickly.

The Federal Antimonopoly Service (FAS) found Google Inc. guilty of violating the Law on Protection of Competition.
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Now Google faces a fine of 1 to 15 percent of the company's revenue on the market.

In the "Yandex", on the complaint which was launched antitrust proceedings, positively responded to the recognition of the violation by Google. “Russia is the first jurisdiction that officially recognized these practices [in the area of ​​abuse of a dominant position on the app store market]] as anti-competitive. We believe that the FAS decision will serve to restore competition in the market, ”commented the company's press secretary, Asya Melkumova.

Let me remind you that on February 18, Yandex filed an application with the FAS demanding that Google check for violation of the antitrust laws of Russia. Yandex believes that the American competitor needs to separate the Android operating system from Google search and other services. Otherwise, the principle of free competition in the market of Android-smartphones is violated, where Google can exert pressure on manufacturers wishing to use their own versions of Android-based firmware.

September 28 will be ready the operative part of the FAS decision on the recognition of Google violating antitrust laws. It will set out instructions for stopping the abuse of a company by its dominant position.

PS Yandex shares rose by 6.45 percent to 809 rubles per share at the close of trading on the MICEX exchange compared with the previous day, which occurred against the background of the recognition of the Russian FAS by Google as the violator of antitrust laws.

UPD: a comment from Crandel about Android licensing types in order to assess the position of Yandex on this issue:
- Pure Android, no Google services, no licenses and contracts with Google. Take and use as you please;

- Android with Google services (GMS license), there is a Play Store application store and other programs. Signing GMS-license. There are no restrictions and restrictions on the installation of other services and programs, at least on the main screen, at least where. The only requirement is to leave Google services at certain places. But the manufacturer of iron can put as many programs as you like, it is his right. There are no restrictions.

- The third option is commercial. If the manufacturer wants to receive also the division of advertising revenue from Google, then he signs a separate contract in which it is stipulated. In this and only in this case, the use of other services that compete is not allowed. In this case, Google acts as a seller of services, and not as an OS provider. That is, in this example, Yandex can even negotiate with companies like Google, they compete on equal terms.

UPD 2: comments from Yandex from Anton Volnukhin ( anton ) on this issue, to look at the situation from the other side:
"The actions that were the subject of consideration in the FAS include, firstly, linking applications from the GMS with the Google Play store, secondly, the requirement to preinstall Google search by default, thirdly, the requirement of preferential placement of Google application icons on the first screen . At the same time, receiving Google Play was possible only if each of these conditions was met. In addition, during the case confirmed the existence of agreements on the prohibition of manufacturers to pre-install applications of competitors - in particular, does not deny that Yandex is expressly specified in such agreements.

Preinstallation of our search and browser was extremely difficult on devices of almost all device manufacturers on the Android operating system. With regard to Fly, Explay and Prestigio, it seems that there was a total ban on pre-installing any applications and services of Yandex. Google does not deny that such bans could also be set for some other device manufacturers.

We believe that the FAS decision will restore competition in the market. ”

Source: https://habr.com/ru/post/266857/


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