The Google Case in the EU: Is There a Case?

摘要

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.