Google admitted to engaging in anti-competitive conduct by pre-installing its search engine on certain manufacturers’ and telcos’ Android mobile phones on Monday, as the Australian Competition and Consumer Commission (ACCC) initiated Federal Court proceedings against Google Asia Pacific. The company agreed to pay a total penalty of $55 million.
The ACCC investigation had uncovered that Google had entered into agreements with two telecom companies, Telstra and Optus, allowing Google’s search services to be pre-installed as the default search service on Android devices sold to consumers by them. ACCC’s Commissioner, Liza Carver, highlighted the gravity of the situation, saying:
Practices such as entering into agreements to ensure exclusivity can limit consumer choice or deter innovation. Digital platforms with significant market power should be aware of their obligations under Australia’s competition laws.
Central to this is section 45(1)(a) of the Australian Competition and Consumer Act 2010, which prohibits contracts, arrangements, or understandings that have the effect of restraining trade or commerce. Google Asia Pacific has admitted that it had engaged in two separate contraventions of this provision. ACCC’s Chair, Gina-Cass Gottlieb, similarly stated:
Conduct that restricts competition is illegal in Australia because it usually means less choice, higher costs or worse service for consumers. Today’s outcome, along with Telstra, Optus and TPG’s undertakings, have created the potential for millions of Australians to have greater search choice in the future, and for competing search providers to gain meaningful exposure to Australian consumers.
This comes just a year after a US federal judge held that Google violated Section 2 of the Sherman Antitrust Act by maintaining an illegal monopoly over internet search and search advertising markets. Google’s search engine was also sued by Italy’s Moltiply in May on allegations of anti-competitive conduct and abuse of dominance that favoured Google Shopping for 7 years between 2010 and 2017. Additionally, in April of this year, a US federal judge ruled that Google had violated antitrust law by having a monopoly on advertising. Additionally, earlier this month, the US Court of Appeals for the Ninth Circuit affirmed an earlier verdict finding that Google violated federal and California antitrust laws by unlawfully maintaining monopoly power in the markets for Android app distribution and Android in-app billing services.