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EU competition law: General Court annuls Google AdSense decision; reduces Qualcomm fine while upholding abuse; Article 22 referrals on Microsoft/Inflection withdrawn post-Illumina/Grail; selected merger clearances and calendar

Published on: 18 September 2024

Published by a LexisNexis Competition expert
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Antitrust General Court annuls Google AdSense decision

The General Court delivered its judgment in Case T-334/19, Google and Alphabet v Commission, on an appeal against the Commission’s 2019 decision imposing a €1.49bn fine on Google for abusing its dominant position in the market for online search advertising intermediation via its “AdSense for Search” product (AT.40411). The General Court annulled the Commission’s decision in full, setting it aside in its entirety.

Background

Since 2003, Google has operated the AdSense advertising platform and, within that framework, developed several services, including the online advertising intermediation service AdSense for Search (AFS). AFS enabled publishers with integrated search engines on their websites to display adverts linked to the queries that users could submit on those sites, allowing publishers to receive a share of the revenues generated by displaying those adverts. To access AFS, publishers generating sufficient turnover could negotiate with Google a Google Services Agreement (GSA) governing their participation. Those GSAs included clauses restricting or prohibiting the display of adverts from services competing with AFS. In 2010, a German undertaking lodged a complaint with the German Federal Cartel Office, which was subsequently transferred to the European Commission (Commission)...

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