LUXEMBOURG (Reuters) – Google on Friday known as on Europe’s second-top courtroom to throw out what it known as an attention-grabbing 2.four billion euros ($2.6 billion) EU antitrust high quality, saying there was no factual or authorized foundation to the inflated quantity.
The Alphabet unit argued that extra quantities tacked on to the high quality imposed by the European Fee in 2017 to discourage anti-competitive habits generally known as a deterrent multiplier and one other multiplier issue was extreme and unwarranted.
Google’s problem got here on the ultimate day of a three-day listening to on the Basic Courtroom, Europe’s second-highest, because it makes an attempt to overturn the primary of a trio of EU antitrust penalties totaling 8.25 billion euros.
“2.four billion euros is an attention-grabbing quantity, it’d entice the headlines however it’s not justified by the precise details of this case,” Christopher Thomas, Google’s lawyer, instructed judges.
He stated there mustn’t have been a high quality within the first place as current case legislation confirmed that Google’s habits was not anti-competitive whereas its market shares and the 13 international locations the place the infringement was dedicated didn’t justify the dimensions of the multiplier.
The Fee used a gravity multiplier between 5 to 20% to Google’s 2016 turnover within the 13 EU international locations, larger than the 5% levied on Intel in 2009. EU legal guidelines enable for regulators to use a multiplier as much as 30%.
EU antitrust regulators also needs to have taken under consideration the corporate’s efforts to settle the case with concessions earlier than they modified tack in 2015 and sanctioned Google, Thomas stated.
“Credit score ought to be given for Google’s good religion makes an attempt to discover a answer to the Fee’s issues with its three commitments presents and the virtually 9 months engineering effort spent constructing that answer provisionally agreed with the Fee,” he stated.
EU enforcers merely caught to the foundations when calculating the high quality, Fee lawyer Anthony Dawes stated.
“The Fee scrupulously adopted the methodology set out within the tips. Google’s conduct constituted a properly established type of abuse,” he stated.
Irish decide Colm Mac Eochaidh, one of many panel of 5 judges listening to the case, requested whether or not the dimensions of the high quality was as eye-catching as Google claimed.
“You’re one of many richest corporations on the earth,” he stated. “Would you miss the two.four euros?”
A ruling is predicted subsequent yr and might be appealed to the Courtroom of Justice, Europe’s highest.
The case is T-612/17 Google and Alphabet v Fee.
(This story corrects decide quote to 2.four euros from 2.four bln euros)
Reporting by Foo Yun Chee, modifying by Louise Heavens