EU vs Google: A case study in bullying
The erstwhile Google created a search engine. That search engine acquired utility like features. Utilities like Electricity, Gas...Water. It was sought after by all and became an absolute necessity of 21st century life for the poor, the rich , the young,the old, the artists and the academics It was a great tool. So great that Google became a verb. And Google became ubiquitous.
EU recently fined Google $2.7 bn for anti-competive practices. EU anti-trust lawyers argued, rather tenuosly, that Google ranks its services like: maps flights e-commerce higher than one's more superior offered by companies like Amazon, Jet, other smaller online retailers and this is antithetical to the EU consumer's interests especially given the search engines pervasiveness. Let's say for argument's sake EU is right.
But the tool is proprietary! Google can rank search results however they want.
Maybe EU's argument is not that Google cannot rank its search results however it pleases but THAT the tech giant advertises falsely. THAT in the paperwork it submits as a public company to exchange commissions around the world, it CLAIMS that its search results gives precedence to higher quality content/products/services when it does not as manifested by the lower ranking of Amazon's retail services vs. it own.
But this debate if and when it plays out in EU civil courts would be so hopelessly subjective and will have no shot at resolution . How does one go about proving pre-eminence between services? Maybe Google is preferred by one segment of consumers and Amazon by another. Maybe both eCommerce sites have features that are universally preferred. Which feature carries more weight when assigning ranks for search results ? Talk about imponderables
Let us again for the sake of argument assume that Amazon can be "objectively" be anointed the better e-commerce site and google has systematically assigned it a lower ranking than Google Shopping in its search results. Does this warrant a $2.7 bn fine? I don't think so. EU needs to appeal to Google's sense of fairness. Offer it incentives for a commitment to equitable rankings not act punitively. Google created a literal Oracle that thus-far only existed in mythologies . It's just and reasonable that it reaps the fruits of its ingenuity.
If all of this seems unreasonable, EU should create its own search engine and work till it reaches far corners of the continent and is used in every home on every desktop, laptop and mobile phone instead of telling innovative companies how to run their operation. The footsteps of the EU are not exactly one's that we would like the World's Smartest companies to follow.