On Friday, September 21 2018, the Competition Authority in Turkey published its decision on the Google as a result of the competition investigation that was running against Google.
As a result of the investigation, the Competition Authority applied a fine against the economic group (Google LLC, Google International LLC and Google Reklamcılık ve Pazarlama Ltd. Şti.) of TRY 93.083.422,30 (USD 14.790.000,00 approx) severally. The decision is similar to the decision given by the European Commission against Google for anti-competitive behavior in July 2018 (http://europa.eu/rapid/press-release_IP-18-4581_en.htm)
The findings, reasoning and details of the decision is as follows;
- The Economic Group consisting of Google LLC, Google International LLC and Google Reklamcılık ve Pazarlama Ltd. Şti. is in a dominant position in the "licensed mobile operating systems."
- Agreements signed between Google and mobile device manufacturers for mobile operation systems contains a provision which obliges device manufacturers to add Google Search on the home screen and other designated screens by default,
- Agreements signed between Google and mobile device manufacturers for mobile operation systems contain provisions which oblige device manufacturers to add Google Webview component as the default and only component for search function,
- Income Sharing Agreements signed between Google and mobile device manufacturers contain a provision where Google Search is placed by default.
As a result, the Competition Authority concluded that Google abused its dominant position in the market and fined Google in line with Article 16 of the Law on Protection of Competition w. no. 4054.
Further, the Competition Authority requires Google to remove the above mentioned provisions from its agreements and to inform and certify that the provisions have been removed in 6 months as of the service date of the decision.
Google can object against the decision in 60 days as of the service of the decision.
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