National Post (National Edition)

Google facing two antitrust probes

- AOIFE WHITE AND KARIN MATUSSEK

Google's market power and control over users' data faces intense scrutiny in Germany as the nation's antitrust watchdog added it to the list of U.S. tech giants targeted by tough new rules.

Germany's Federal Cartel Office said Tuesday it's started two investigat­ions under antitrust measures that allow regulators to target large digital companies that may dominate several markets.

The authority will conduct an in-depth analysis of Google's data processing terms, saying the Alphabet Inc. unit enjoys a “strategic advantage” from the informatio­n it collects. Regulators also questioned whether users “have sufficient choice as to how Google will use their data.”

“Due to the large number of digital services offered by Google, such as the Google search engine, YouTube, Google Maps, the Android operating system or the Chrome browser, the company could be considered to be of paramount significan­ce for competitio­n across markets,” Andreas Mundt, Cartel Office President, said. “It is often very difficult for other companies to challenge this position of power. ”The probes are the biggest Google has faced in the region since the European Union ended almost a decade of investigat­ions in 2019, racking up some US$9 billion in fines. A potential curb to Google's data collection may also pose a risk to the company's business model of tracking people online to help serve up advertisin­g they find attractive.

Google “will cooperate fully with the German competitio­n authority,” Ralf Bremer, a company spokespers­on, said. “People choose Google because it's helpful, not because they're forced to, or because they can't find alternativ­es.”

Germany's antitrust authority is increasing­ly aggressive in chasing down big tech, even rivalling the EU which can take cases that affect several European countries.

Mundt has been critical of the EU for failing to ensure Google made changes to its business after it was found to have held back smaller rivals for some services.

He's also using the new investigat­ive powers to probe Facebook Inc., and Amazon. com Inc., over their activities in several digital sectors.

The new Google probe's focus on user terms, echoes an earlier German ruling against Facebook, which ordered the social media network to overhaul how it tracks users' internet browsing and smartphone apps.

Mundt criticized Facebook for getting users to tick a box to agree to terms of use, saying this “coercive situation” could not provide voluntary consent to process personal data.

Facebook has challenged the Cartel Office's conclusion­s and the EU's top court has been asked to weigh in on how data regulation­s are used in an antitrust case.

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