Google is going to challenge decision FAS in the case of Android in court

MOSCOW, November 17. Corporation Google is going to challenge the decision of FAS on preinstalling apps on the operating system (OS) Android in court, said in a statement in the official blog of the Russian Google office.

“We intend to challenge this decision and to explain in court why we believe it to be unfounded”, – given in the message words of a senior lawyer of the company Tero Luco.

Google highlighted the main reasons why the company disagrees with the decision of the Russian authorities. “None of the existing manufacturers of devices are not required to install Google apps along with the Android platform”, – stated in the message.

“In Russia there are many mobile devices of different brands, such as ZTE, Xiaomi, Gionee and others. They work on Android, and their manufacturers don’t install apps from Google”, – emphasized in the company.

In addition, the user of Android OS can install apps, including third-party sites and shops, and even if the manufacturer predustanavlivat Google, it can be installed on the device and competing apps, says Google.

The story is in the details

The FAS 14 September 2015 recognized Google – Google Inc. and Google Ireland Ltd. – violated the law on protection of competition (part 1 of article 10) on the complaint of “Yandex”. October 5 issued an order to eliminate this violation.

In future the FAS will have to initiate an administrative case against Google. The company faces a fine from 1% to 15% of the turnover of the market of pre-installed app stores for 2014. This amount includes revenues from the sale of Google all apps in Google Play, in-app purchases in these apps, music, videos, etc. for 2014 on the territory of the Russian Federation.

On 30 October, the head of Department Igor Artemyev said that the final decision on penalty will be made later, and Google can do a minimum fine, if you fulfill all the requirements. General Director TelecomDaily Denis Kuskov estimated the annual turnover of Google Play in Russia in more than $70 million.

According to the instruction, to restore competition in the market Google needs to 18 December 2015 (the deadline has been moved from November 18, 2015 Agency application of the company) to adjust contracts with manufacturers of mobile devices should be excluded from agreements anti-competitive requirements that limit the installation of applications and services to other developers.

Also an American company, in particular, will need to notify all users of mobile devices with Android about the possibility of deactivation of pre-installed Google services, change search in the Google Chrome browser and install alternative applications that the functionality match the functionality of the services from Google Mobile Services.

“Yandex” also contacted in April 2015 to the European Commission requesting to investigate the abuse of a dominant position Google’s Android OS on the EU territory. Prior to that, from July 2014, the Russian company was a witness in the case about Android.

In “Yandex” hope that the results of the investigation of the European Commission can influence, including, and on the prospects of the company’s business in Europe. After the FAS took the decision in the case of Google in Russia, Yandex has begun negotiations with manufacturers of Android devices for the Russian market about how to preinstall their apps.