Three years after receiving a record fine from the European Commission alongside an order to stop abusing its control of the Android operating system, Google is set to have its day in court.
Back in 2018 the company was fined €4.34bn (£3.8bn) for forcing phone makers to pre-install apps including Google Search and Chrome to the exclusion of other search engines and web browsers.
The fine was a fraction of the €116bn (£99bn) parent company Alphabet recorded in revenues that year, but the real cost to the company was the threat to its future income if smartphones landed in consumers’ hands without Google apps already installed.
Google’s five-day appeal against the decision is being heard at European Court of Justice in Luxembourg, where the company hopes to have the Commission’s decision annulled in its entirety.
A failure to do so could completely reshape the smartphone landscape, but other challenges targeting Google inside the US pose a far more significant risk to the company and could lead to the search giant being broken up into several smaller businesses.
Advertisement
Image: Google’s appeal will be heard in Luxembourg from Monday
Breaking up monopolies
While there are an over-abundance of comparisons between the oil industry of the late 19th century and the tech industry of today, the slow movement of regulators is one of the most striking similarities.
It was in 1890 that US Congress passed a law to tackle the monopolies which had sprung up over the preceding half century, but it took more than three decades for that law to be used to break up Standard Oil, a company which by 1904 controlled more than 90% of oil production in America.
Standard Oil’s business excelled due to its innovations in refining oil, but also because the company had rapaciously acquired rivals and used its commercial heft to strike deals with railroad companies (themselves a target for early antitrust action) at discounted rates which the remaining oil businesses could not compete with.
In a landmark ruling in 1911, the US Supreme Court upheld that Standard Oil was an illegal monopoly and ordered it to be broken up into 34 independent companies. Though that power is not available to the European Commission, there is a growing movement in the US calling for similar actions to be taken against tech giants whom some believe are guilty of the same anticompetitive practices.
Image: Standard Oil controlled more than 90% of US oil production at its height
Modern antitrust law
Google is a very different company to Standard Oil, but the alleged unfairness of its practices – using its control of Android to force phone manufacturers who want to include the Google Play app store on their phones to also pre-install Google Search and Chrome – follows the same model of undermining rivals.
The investigation into Google coercing phone manufacturers formally began in 2015, although the Commission made its first enquiries about the company’s practices in 2013 when an association of Google’s rivals calling itself FairSearch lodged a complaint against its business practices.
The ruling came three years later in 2018 and now, three years later, Google’s appeal has reached the European Court of Justice. Thomas Vinje, counsel to FairSearch and partner at law firm Clifford Chance, told Sky News he expected there could be another appeal after the hearing in Luxembourg.
“Antitrust enforcement is not, on its own at least, sufficiently robust, sufficiently effective, to be able to address these really extraordinary concerns. I’m not sure the world has ever faced a situation where there is such a concentration of power in such a central element of today’s economy, and antitrust law is not up to the task,” he said.
“That is largely because they’re complex cases,” Mr Vinje explained.
“They’re more complex than rail roads or oil distribution – I’m not saying those are simple – but the issues faced in Big Tech today are a hell of a lot more complicated. So there is a hell of a lot more room for obfuscation… and dragging things out.
“So by virtue of the completely appropriate rights that defendants have in these cases, the cases just take too long.”
Image: The Commission accused Google of attempting to cement the dominance of Google Search
What is Google’s response and appeal?
Google, which claims the most popular search term on rival search engines such as Bing is the word “Google” itself and which controls more than 90% of the market for web searches, disputes the Commission’s arguments about its dominance, although that won’t feature prominently in its arguments next week.
In a news briefing ahead of the hearing, the company explained to journalists that it believes a lot has changed in the years since the Commission issued its decision.
Key to Google’s appeal is the argument that its control ensures Android is a platform which can run across millions of smart devices made by different manufacturers, increasing the economic benefits for developers – including rival web browser makers such as Opera, which is supporting Google’s appeal – and ultimately consumers.
Google will note that a revenue sharing agreement it had with phone manufacturers and mobile network operators, cited as an illegal contractual restriction by the Commission, ended in 2014.
The company also strongly disputes the way that the Commission calculated the €4.34bn (£3.8bn) fine, something the Commission said was “calculated on the basis of the value of Google’s revenue from search advertising services on Android devices” inside the European Economic Area.
Image: The US Department of Justice has filed charges against Google
What is the threat in the US?
Even if Google succeeds in getting the Commission’s decision annulled or amended, it faces three more challenges in the US which are backed by severe powers to tackle monopolies.
The first complaint was filed last October in a case led by the Trump administration’s Department of Justice and joined by 11 states – though with apparent bipartisan support – charging Alphabet with “unlawfully maintaining monopolies in the markets for general search services”.
Two more cases were brought against Google in December.
One from the attorneys general of 35 states accuses the company of anticompetitive practices in order to retain its dominance in search, while another filed by the attorneys general from 10 states focuses on the company’s monopoly power in digital advertising markets.
Google has denied engaging in anticompetitive practices.
A US federal judge has warned that he could hold the Trump administration in contempt for violating his orders to turn around planes carrying deportees to El Salvador.
US District Judge James E. Boasberg said he had found “probable cause” to hold the administration in criminal contempt and warned he could refer the matter for prosecution if it does not “purge” its contempt.
If the government doesn’t purge the contempt, charges could be brought forward by the Justice Department, NBC News reported.
And if the executive-led Justice Department refused to prosecute the matter, Judge Boasberg said he would appoint another attorney to prosecute the contempt.
Mr Boasberg said the administration could “purge contempt by returning those who were sent to El Salvador prison, in violation of his order, to the US.
This, he said, “might avail themselves of their right to challenge their removability”.
“The Constitution does not tolerate wilful disobedience of judicial orders – especially by officials of a coordinate branch who have sworn an oath to uphold it,” the judge wrote.
Executive vs judicial
This marks a notable escalation in the ongoing tensions between the judicial and executive branches of the US government during Donald Trump’s second term.
Parts of the US president’s legislative programme have been halted by judges, as the administration strains against the restraints of the separation of powers.
Mr Trump previously called for Judge Boasberg to be impeached while the Justice Department claimed he overstepped his authority – both reflecting the administration’s attempts to overcome perceived obstacles to the implementation of its agenda.
Mr Trump’s administration has also argued it did not violate any orders.
It claimed the judge didn’t include a turnaround directive in his written order and said the planes had already left the US by the time the order came down.
‘Administrative error’
At the heart of the legal wrangling is Kilmar Abrego Garcia, a man who was sent to El Salvador by the Trump administration in March despite an immigration court order preventing his deportation.
Washington acknowledged that Mr Garcia was deported due to an “administrative error”.
The US Supreme Court has called on the administration to facilitate his return, upholding a court order by Judge Paula Xinis, but Trump officials have claimed that Mr Garcia has ties to the MS-13 gang.
Image: Kilmar Abrego Garcia. Pic: CASA/AP
Mr Garcia’s lawyers have argued there is no evidence of this.
This all comes after El Salvador’s President Nayib Bukele visited the White House earlier this week.
During his time with Mr Trump, Mr Bukele said that he would not return Mr Garcia, likening it to smuggling “a terrorist into the United States.”
Image: The US and El Salvador presidents in the Oval Office.
Pic: Reuters/Kevin Lamarque
Along with Mr Garcia, the Trump administration has deported hundreds of people, mostly Venezuelans, whom it claims are gang members without presenting evidence and without a trial.
Democrat senator travels to El Salvador
Meanwhile, Democratic senator Chris Van Hollen arrived in El Salvador on Wednesday, saying he would seek a meeting with the country’s officials to secure Mr Garcia’s release.
“I just arrived in San Salvador a little while ago and look forward to meeting with the US embassy team to discuss Mr. Abrego Garcia’s release,” Mr Van Hollen said on social media.
X
This content is provided by X, which may be using cookies and other technologies.
To show you this content, we need your permission to use cookies.
You can use the buttons below to amend your preferences to enable X cookies or to allow those cookies just once.
You can change your settings at any time via the Privacy Options.
Unfortunately we have been unable to verify if you have consented to X cookies.
To view this content you can use the button below to allow X cookies for this session only.
Body camera footage of Gene Hackman’s home has been released by authorities investigating the deaths of the actor and his wife.
The video captured by Santa Fe County Sheriff’s Office shows officers inside and outside the property in northern New Mexico, with a German shepherd barking at some points as they carry out their search.
Image: Hackman and Arakawa pictured in 2003. Pic: AP/ Mark J Terrill
The bodies of Hackman, 95, and his wife, Betsy Arakawa, 65, were found in separate rooms of their home on 26 February.
“He’s guarding her,” a male officer can be heard saying, about the dog found alive at the home. “He seems pretty friendly.”
There is another “10-7 dog” – meaning the pet is dead – “round the corner in the kennel”, the officer says.
Rat nests and dead rodents were also discovered in several outbuildings around the property, an environmental assessment by the New Mexico Department of Health revealed.
The inside of the home was clean and showed no evidence of rodent activity.
In March, a medical investigator concluded Arakawa died from hantavirus pulmonary syndrome, a rare infectious disease that can be caused by exposure to rodents.
Image: Law enforcement officials pictured outside the property in Santa Fe the day after Hackman and Arakawa’s bodies were found. Pic: AP/Roberto Rosales
According to the records now released by the county sheriff’s office, Arakawa was researching medical conditions related to COVID-19 and flu between 8 February and the morning of 12 February.
In one email to a masseuse, she said Hackman had woken on 11 February with flu or cold-like symptoms and that she wanted to reschedule an appointment “out of an abundance of caution”.
Search history on the morning of 12 February showed she was looking into a medical concierge service in Santa Fe. Investigators said there was a call to the service which lasted under two minutes, and a follow-up call from them later that afternoon was missed.
The police footage shows officers checking the home and finding no signs of forced entry or other suspicious signs.
Image: Pic: Santa Fe County Sheriff via AP
What is hantavirus?
HPS, commonly known as hantavirus disease, is a respiratory disease caused by hantaviruses – which are carried by several types of rodents.
It is a rare condition in the US, with most cases concentrated in the western states of New Mexico, Arizona, Colorado and Utah. This was the first confirmed case in New Mexico this year.
There has so far been no confirmation about any potential link by authorities between the rodents and the hantavirus disease that claimed Arakawa’s life.
Who was Gene Hackman?
Image: Pic: AP 1993
Hackman was a former Marine whose work on screen began with an uncredited TV role in 1961.
Acting became his career for many years, and he went on to play villains, heroes and antiheroes in more than 80 films spanning a range of genres.
He was best known by many for playing evil genius Lex Luthor in the Superman films in the late 1970s and ’80s, and won Oscars for his performances in The French Connection and Unforgiven.
After roles in The Royal Tenenbaums, Behind Enemy Lines and Runaway Jury in the 2000s, he left acting behind after his final film, Welcome To Mooseport.
He and Arakawa, a pianist, had been together since the mid-1980s.
Donald Trump has questioned Volodymyr Zelenskyy’s competence and suggested Ukraine started the war against Russia which is “20 times” its size.
The US president also said “millions of people are dead because of three people” – blaming Russian President Vladimir Putin, his White House predecessor Joe Biden, and Mr Zelenskyy, in that order.
It comes a day after 35 people, including two children, were killed by two Russian missiles that struck the northeastern city of Sumy as Ukrainians gathered to celebrate Palm Sunday in what was the deadliest strike on the country so far this year, according to officials.
Image: Damaged cars at the site of a Russian missile strike on Sumy. Pic: Reuters
Speaking in the White House’s Oval Office during a meeting with El Salvador’s President Nayib Bukele, Mr Trump told reporters: “If Biden were competent, and if Zelenskyy were competent, and I don’t know that he is…
“There was no way that war should never have been allowed to happen.”
He added: “Biden could have stopped it, and Zelenskyy could have stopped it, and Putin should have never started it.”
More on Russia
Related Topics:
Asked about Mr Zelenskyy, Mr Trump said: “When you start a war you’ve got to know you can win the war.
“You don’t start a war against somebody that’s 20 times your size. And then hope that people give you some missiles.”
Mr Trump said he was the first to give Ukraine Javelin missiles.
Image: Firefighters work at the site of a Russian missile strike in Sumy on Sunday. Pic: Reuters
“Millions of people are dead because of three people,” Mr Trump added.
“Let’s say Putin number one, let’s say Biden, who had no idea what the hell he was doing, number two, and Zelenskyy.
“And all I can do is try and stop it – that’s all I want to do. I want to stop the killing.
“And I think we’re doing well in that regard. I think you’ll have some very good proposals very soon.”
Mr Zelenskyy has called for a global response to the Sumy attack, in which more than 100 people were injured, saying the first strike hit university buildings while the second exploded above street level.
On Monday, Ukraine’s air force said a new Russian missile and guided bombs had targeted Sumy, but gave no indication of casualties or damage. Public broadcaster Suspilne reported an explosion in the city, with no further details.
‘It’s a horrible thing’
Asked about Sunday’s Sumy attack which is near the Russian border, Mr Trump earlier said on board Air Force One: “I think it was terrible and I was told they made a mistake, but I think it’s a horrible thing. I think the whole war is a horrible thing.”
Please use Chrome browser for a more accessible video player
0:52
Russia ‘made a mistake’
When questioned about the incident, Kremlin spokesman Dmitry Peskov said Russia’s forces only strike military targets.
The strike targeted a gathering of senior military officers, according to the defence ministry in Moscow which accused Kyiv of using civilians as shields by holding military meetings in the city centre.
The ministry also claimed to have killed more than 60 troops. Russia did not provide any evidence to support its claims.
Polish foreign minister Radek Sikorski, whose country currently holds the EU’s presidency, said that recent attacks are “Russia’s mocking answer” to Kyiv’s agreement to a ceasefire proposed by the US administration over a month ago.
Please use Chrome browser for a more accessible video player
2:26
Missile attack on Sumy
What’s the latest on proposed ceasefire?
The attack on Sumy followed a missile strike on 4 April on Mr Zelenskyy’s home city of Kryvyi Rih that killed some 20 people, including nine children.
Russia and Ukraine’s senior diplomats have accused each other of violating a tentative US-brokered deal to pause strikes on energy infrastructure.
Ukraine has endorsed a broader US ceasefire proposal, but Russia has effectively blocked it by imposing far-reaching conditions.
Mr Putin has said he wants Ukraine to drop its ambitions to join NATO, Russia to control the entirety of the four Ukrainian regions it has claimed as its own, and the size of the Ukrainian army to be limited. He has also made clear he wants Western sanctions eased.