The FAS will find more serious arguments in court from Google in Android case

MOSCOW, November 17. The Federal Antimonopoly service (FAS) is waiting for more serious cases in court against Google on the issue of preinstalling apps on the operating system (OS) Android. About this informed the head of service Vladimir Kudryavtsev, who heard the case.

“While we can judge their intent from open sources, in particular on the official Google blog Russia. Mr. Taro Luco (senior associate) have written theses on what they are going to fight, what they don’t like in our solution. Maybe in court they will be revealed more fully, but at first glance they are in no way connected with the essence of imputed violations of Google”, he said.

While the Agency has not received any official documents from the company, said Kudryavtsev. Based on the available information, the FAS sees no reason to reverse its decision.

“While I have the feeling that we’re talking about different things. Our solution is aimed to correct the violation of the law on protection of competition in promoting some services at the expense of others, linking the service more than popular as the Android operating system with the services less popular with a large number of competitors is Google…We are ready to defend your decision… I Hope there are some more essential theses, which are going our decision to appeal”, – said the head of FAS.
Today, Google announced in the official blog of the Russian Google office that is going to challenge decision FAS in the case of Android in court.

Google highlighted the main reasons why the company disagrees with the decision of the Russian authorities. So, none of the existing manufacturers of devices are not required to install applications with Google Android platform, mentioned in the message. In addition, in Russia there are many mobile devices of different brands, such as ZTE, Xiaomi, Gionee and others. They work on Android, and their manufacturers are not installing the Google apps, the company emphasized. In addition, the Android user can install applications including those from third-party sites and shops, and even if the manufacturer predustanavlivat Google, it can be installed on the device and competing applications, sure Google.

“Yandex” is not going to retreat

Originally applied to the Federal Antimonopoly service of the Russian company “Yandex” remains confident in the constructive claims against Google, the company said. “Yandex” is confident in every item of their position. We are ready to welcome the most appeal and public hearing”, – noted in the company.

Russian company criticized all 5 abstracts, published in the blog of Google Russia. For example, in “Yandex” notice that all the Android smartphones from Google Play and GMS (Google Mobile Services) the default is the Google search engine. Almost all Android smartphones come with Google Play and GMS.

“The FAS asked Google about the presence in Russia of smartphones and tablets on Android without Google Play and GMS. But Google was unable to confirm that there were not any significant number of such devices… You will never find a phone or tablet on Android from the Google Play store and GMS, where there is a different default search engine (and such devices occupy more than 90% of the market of Android-devices in Russia)”, – said in “Yandex”

In addition, Google representatives at the meetings of the FAS did not deny that in some cases can be used and a complete ban on the preset individual competitors, recalled in “Yandex”.

“Google ignores that preset is the most important and most effective channel for delivering mobile services to the user. This fact was confirmed by Google representatives in the meetings of the FAS,” – said the Russian company.

But “Yandex” is sure that “Google Play irreplaceable”, while it should be used separately from other Google services.

Claims to Google

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. Currently FAS has considered the possible amount of the fine, however, the service until it is voiced, said Kudryavtsev.

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 GMS package.

“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 acted as 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.

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