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62 Antitrust Bull. 313 (2017)
The Google Case in the EU: Is There a Case

handle is hein.journals/antibull62 and id is 309 raw text is: 


                                                                                  The Antitrust Bulletin
                                                                                2017, Vol. 62(2) 3 13-333
The Google Case in the EU:                                                       K© The Author(s) 2017
                                                                                Reprints and permission:
Is   There        a   Case?                                               DOl: 10.1 177/0003603X I7708362

loannis Kokkoris*

This article discusses the European Commission's investigation of Google in relation to the alleged
abuse  in the online search market  concerning Google's  comparison  shopping service. Drawing  a
comparison  with the investigation conducted by the Federal Trade Commission in the U.S., the analysis
focuses on whether  the conditions of Article 102 of the Treaty on the Functioning of the European
Union  (TFEU)  are satisfied and whether there is scope to conclude that the Google's conduct has
caused harm to consumers  or restricted competition. In particular, insights relating to the treatment of
innovation in competition  law will be provided. Finally, the article aims at shedding light on the
investigation and at predicting the possible theory of harm to which the European Commission  will
make  reference.

Google, abuse  of dominance, innovation, market power, essential facilities doctrine

   A lot of our search innovation has come from our own frustration with Google's results.

I. Introduction
The  aim of this article is to discuss the online search market and the investigation of the European
Commission   into Google's comparison shopping service.2 The European Commission   has argued that
Google  has abused its dominant position.
   Google  was  investigated by the Federal Trade  Commission   (FTC)  in the U.S. with regard to
whether its conduct could qualify and be sanctioned as abusive and infringing U.S. antitrust law. The

1. Eric Schmidt, The New Griindergeist (Oct. 13, 2014), http://googlepolicyeurope.blogspot.co.uk/2014/10/the-new-
   grundergeist.html (last visited Jan. 16, 2016).
2. EUROPEAN COMMISSION, GOOGLE PRODUCT SEARCH AND GOOGLE SHOPPING (Apr. 25, 2013), http://europa.eu/rapid/press-
  releaseMEMO-13-383  en.htm (last visited Jan. 27, 2017) and in detail below.

*Centre for Commercial Law Studies, Queen Mary University of London, UK

Corresponding Author:
loannis Kokkoris, Chair in Law and Economics, Centre for Commercial Law Studies, Queen Mary University of London, 67-69
Lincoln's Inn Fields, WC2A 3JB, London, UK.
Email: i.kokkoris@qmul.ac.uk

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