FAS issued a prescription to Google

05-10-2015 | 11:27

The company must eliminate the violation by 18 November

The Federal Antimonopoly Service (FAS Russia) issued a prescription to “Google” to eliminate a violation of the Federal Law “On Protection of Competition” by 18 November 2015.

The company abused dominance on the market of pre-installed application stores in “Android” OS: offering its counteragents – vendors of mobile devices designed for sale in the Russian Federation – Google Play application store – under certain conditions. Such conditions include mandatory pre-installment some other Google applications with Google Play, locating them on the priority positions on the screen, mandatory installment of Google search engine "by default" and prohibiting pre-installment of applications of other companies. “Yandex” repeatedly faced refusals from mobile devices vendors caused by Google requirements.

In February 2015 FAS opened the case and on 14 September found that Google – Google Inc. and Google Ireland Ltd. violated No.135-FZ Federal Law “On Protection of Competition” (Part 1 Article 10). The case materials exceeded 200 volumes.

To restore competition on the market, Google, in accord with FAS prescription, must adjust its contracts with mobile devices vendors within a month – exclude anticompetitive requirements from the contracts that restrict installing applications and services of other vendors.

As a result, application developers will be able to preinstall their software in mobile devices, and users of mobile devices controlled by “Android” OS that are distributed in the Russian Federation, will be informed about pre-activating pre-installed Google applications, changing the search engine in Google Chrome browser, possibilities of installing another search widgets and install other applications similar to those included in the GMS package, and changing icon locations in the screen in the form of a notice appeared on the screens of their mobile devices.

An administrative case against Google shall be opened in the near future. The company can be fined from 1% to 15% of the turnover on the market of preinstalled application stores in 2014.
 



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