ERDEM-NEWSLETTER-2018-metin

113 COMPETITION LAW Commission Decision The Commission has determined that Google is dominant in the markets for general internet search services, licensable smart mobile operating systems and app stores for the Android mobile operating system. In its decision, the Commission has defined Google’s illegal ac- tions, as follows: • Illegal Tying of Google’s Search and Browser Apps : Accor- ding to the decision, Google required manufacturers to pre- install the Google Search app and browser app (Chrome), as a condition for licensing Google’s app store (the Play Store). • Illegal Payments Conditional on Exclusive Pre-installation of Google Search: According to the decision, Google made payments to certain large manufacturers and mobile network operators on the condition that they exclusively pre-installed the Google Search app on their devices. • Illegal Obstruction of Development and Distribution of Competing Android Operating Systems: According to the decision, Google has prevented manufacturers that wanted to pre-install Google apps from selling even one single smart mobile device running on alternative versions of Android that were not approved by Google (“Android forks”). The Commission has concluded that the three abuse forms listed above are parts of Google’s strategy of cementing its dominant posi- tion in the general search engine market. The effects of the relevant strategy are listed in the decision. According to the decision, firstly, the illegal practices obstruct rival search engines’ ability to compete. Secondly, the tying practices ensured the pre-installation of Google’s search engine and browser on practically all Google Android devices, and the exclusivity payments strongly reduced the incentive to pre- install competing search engines. In addition, Google hindered the development of Android forks. Furthermore, Google’s strategy ob- structed other search engines from collecting more data from smart phones, and that enabled Google to strengthen its dominant position