Autorité de la concurrence Levies €250 Million Fine on Google for Breach of Commitments

The Autorité de la concurrence has imposed a hefty fine of €250 million on Alphabet Inc., Google LLC. This fine comes as a consequence of Google's failure to comply with certain commitments outlined in Decision 22-D-13 of 21 June 2022.

This marks the fourth decision issued by the Autorité in the span of four years regarding this case. These decisions are set against the backdrop of the French law enacted on 24 July 2019, aimed at establishing fair negotiations between press agencies, publishers, and digital platforms. The legislative framework was crafted to rebalance the distribution of value among these stakeholders, particularly amidst the evolving landscape of digital audiences and the decline of print circulation.

The recent penalty stems from Google's non-compliance with commitments made in response to competition concerns raised by the Autorité. Despite accepting these commitments initially, the Autorité found Google in breach of four out of seven commitments outlined. These commitments were designed to ensure fair negotiation practices, transparent assessment of remuneration for related rights, and the preservation of economic relationships between Google and press agencies and publishers.

Of particular concern was Google's artificial intelligence service named "Bard," launched in July 2023. The Autorité discovered that Bard utilized content from press agencies and publishers to train its foundation model without notifying them or the Autorité. Additionally, Google failed to provide a technical solution for press agencies and publishers to opt out of Bard's use of their content without affecting the display of protected content on other Google services. This obstruction hindered the negotiating power of press agencies and publishers in securing fair remuneration.

As a consequence of these breaches, the Autorité imposed a significant fine on Google. However, Google chose not to contest the findings and opted for the settlement procedure. In addition to the fine, Google proposed corrective measures to address the identified breaches, aiming to rectify its non-compliance with the commitments established by the Autorité.

The decision underscores the Autorité's commitment to enforcing fair competition practices and protecting the interests of press agencies, publishers, and other stakeholders in the digital ecosystem. It also serves as a reminder of the evolving regulatory landscape surrounding technology companies, emphasizing the importance of adherence to regulatory commitments and the repercussions of non-compliance.

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