CASSATION UPHELD THE LEGALITY OF THE FAS FINE AGAINST GOOGLE IN THE AMOUNT OF 2 BILLION RUBLES

The Arbitration Court of the Moscow District upheld the decision and the order of the authority, as well as the decision on the imposition of a fine by the FAS Russia against Google LLC.

It should be reminded that in February 2022, FAS Russia completed consideration of the antimonopoly case against Google LLC. The authority found that the rules related to the formation, suspension, blocking of accounts and the circulation of user content on Youtube are opaque, biased and unpredictable.

It leads to sudden blocking and deletion of user accounts without warning and justification of actions. FAS Russia has found that such behavior infringes on the interests of users, as well as restricts competition in adjacent markets.

After a comprehensive study of the circumstances of the case, the authority’s commission found the company guilty of abusing its dominant position in the YouTube video hosting services market.

As a result of the conducted administrative investigation, FAS Russia imposed a turnover fine of more than 2 billion rubles (34,886,073 US dollars) on Google LLC for violation of antimonopoly legislation*.

It should be noted that earlier the Arbitration Court of Moscow and the Ninth Arbitration Court of Appeal supported the position of the authority.

Besides, the Magistrate Court of the Presnensky District of Moscow issued a decision against Google LLC to impose a fine ** of twice the amount of the fine unpaid within the prescribed by FAS Russia period. The company must additionally pay more than 4 billion rubles to the budget of the Russian Federation.

For reference:

* Part 2 of Article 14.31 of the Administrative Code of the Russian Federation.

** Part 1 of Article 20.25 of the Administrative Code of the Russian Federation.