“Google” abuses its dominant position on the market of pre-installed application stores in “Android” OS

14-09-2015 | 09:52

The FAS Commission arrived to that conclusion on 14th September 2015, based on investigating the case against “Google Inc, Google Ireland” Ltd., “Google” Ltd.

FAS found that “Google Inc. Google Ireland Ltd.” (further on referred to as “Google”) violated Part 1 Article 10 of the Federal Law “On Protection of Competition” (abusing market dominance).

On 20 February 2015, FAS opened a case against “Google Inc. Google Ireland” Ltd., “Google” Ltd. upon elements of violating the antimonopoly law due to a complaint from “Yandex” on anticompetitive actions.

Investigating the case, the FAS Commission established that “Google” violated the law by giving “Google Play” app store controlled by “Android” Operational System to the counteragents – vendors of mobile devices to pre-install it on the mobile devices to be sold in the Russian Federation under the conditions including mandatory pre-installment of “Google” applications and “Google” search system and mandatory priority positioning on the device home page.

Actions undertaken by “Google” also resulted in prohibiting pre-installment of applications of vendors.

Having considered all case circumstances, FAS decided to terminate the case against “Google” Ltd., and terminate the proceedings against “Google” allegedly violating Part 1 Article 14 of the Federal Law “On Protection of Competition” (unfair competition) due to absence of the violations of the antimonopoly law in the actions analyzed by the Commission.

According to Deputy Head of FAS, Alexei Dotsenko, FAS shall draft a full decision within ten working days and issue a determination to “Google” to stop abusing dominance and exercise actions aimed at supporting competition. “In particular, FAS can request to adjust contracts with vendors of mobile devices, excluding such Clauses from the agreements that restrict installing applications and services of other developers of such devices”, concluded Mr. Dotsenko.

Violations of Article 10 of the Federal Law “On Protection of Competition” constitute the grounds for imposing fines under Article 14.31 of the Code of the Russian Federation on Administrative Violations: from one hundredth to fifteen hundredths of the income gained by the violator from selling goods (works, services) on the market where the violation was committed.

The administrative proceedings may start in October 2015.

Site Map

News & Events Press Releases Media Releases Image Library About the FAS Russia What We Do General Information Mission, Goals, Values Priority Setting Institutional Memory Stakeholders Engagement Center for Education and Methodics Our History Our Structure Powers of Head and Deputy Heads Our Ratings GCR Using our website International Cooperation Treaties & Agreements International Working Groups Working Group on Research of Competition Issues in the Market of International Telecommunications (Roaming) Meetings Working Group for Studying Competition Problems in the Pharmaceutical Sector Concept Note Meetings OECD Competition Committee OECD meetings 2013 OECD meetings 2014 OECD meetings 2015 OECD meetings 2016 OECD meetings 2017 OECD meetings 2018 FAS Annual Reports OECD-GVH RCC RCC Newsletter ICAP Council on Advertising Headquarters for Joint Investigations UNCTAD 13th session IGE UNCTAD Resolution Russian contributions 14th session IGE UNCTAD Resolution Russian contributions 15th session IGE UNCTAD 16th session IGE UNCTAD 17th session IGE UNCTAD EEU Model Law on Competition ICN BRICS WG (Markets of Social Importance) EU APEC Competition Policy and Law Group Annual meetings Projects ERRA Full Members Organizational Structure Archive Working Group on Investigating Issues on Pricing in the Oil and Oil Product Markets and Methods of their Functioning Meetings Document Library Legislation Reports & Analytics Cases & decisions Contacts Give feedback Contact us Links Authorities Worldwide