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Fining Google: a missed opportunity for legal certainty?

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  • Magali Eben

Abstract

In December 2017, the European Commission imposed a record fine of €2.42 billion on Google in the Google Search (Shopping) Case for breach of Article 102TFEU. This article criticizes this fine as an infringement of the principle of legal certainty, since Google could not reasonably have foreseen that its conduct would amount to a breach of Article 102TFEU. It discusses the importance of legal certainty, as well as the broad powers and wide discretion the Commission enjoys in abuse of dominance cases, including the ability not to impose a fine. The article also provides an overview of the uncertainty which surrounded the application of the law at the time of the investigation, as well as the lack of clarity subsequently provided by the Decision. It is argued that, in imposing this record fine, the Commission has missed an opportunity to respect legal certainty, and combine the objective of deterrence with a desire to stimulate pro-competitive behaviour.

Suggested Citation

  • Magali Eben, 2018. "Fining Google: a missed opportunity for legal certainty?," European Competition Journal, Taylor & Francis Journals, vol. 14(1), pages 129-151, January.
    • Handle: RePEc:taf:recjxx:v:14:y:2018:i:1:p:129-151
    DOI: 10.1080/17441056.2018.1460973
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    Cited by:

    1. Daria Kostecka-Jurczyk, 2021. "Abuse of Dominant Position on Digital Market: Is the European Commission Going back to the Old Paradigm?," European Research Studies Journal, European Research Studies Journal, vol. 0(Special 1), pages 120-132.

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