Ninth arbitration court of appeals rejected Google’s complaint to the decision of the Federal Antimonopoly service in the case of the restriction of competition in the market of mobile software. On Wednesday, August 17, said the source, who was present at the hearing. The information was confirmed by the representative of the FAS Anna Orlova.
The court agreed with the position of the FAS, according to which Google must eliminate the violations of Russian Antimonopoly legislation. The head of Department of regulation of communications and IT of the FAS Elena zaeva, whose words are contained in the message Department, noted that, in Antimonopoly service rely on the creation of “fair conditions for effective competition in a growing market mobile apps”.
Zaeva said that “from the moment of making the decision of the court in full,” Google will remain eight days to lead the business in accordance with the requirements of the FAS. Otherwise, the company faces an administrative fine. Its size can vary from 300 thousand to 500 thousand rubles, said the representative office.
The representative a press-services of Google to comment on the decision of the court refused, citing the fact that the company has not yet received the text of the decision.
The FAS found Google and its Irish subsidiary, Google Ireland violators of the Russian legislation in September 2015. According to authorities, Google had abused its dominant position on the market of mobile devices, violating part 1 article 10 of the law “On protection of competition”. The company had forbidden the manufacturers of mobile apps are preinstalled on the devices that run on the Android operating system (owned by Google). The case was initiated with the filing of the main competitor of Google in the Russian search market — Yandex.
In early October, the FAS issued a injunction against Google, ordering the company to eliminate violations till November 18. Authority required to remove all of the contracts with producers of mobile devices a ban on the pre-application competitors, as well as the obligation to install apps from Google Mobile Services (Play Store, Google Maps, Gmail, Chrome, etc.) and Google search by default. Google had to notify users that its services there is an alternative from other developers.
The company to meet the regulator went in December 2015, filed a complaint in court. In March 2016, the Moscow Arbitration court the claim to Google, the FAS rejected, after which the company appealed.
On 11 August, the FAS has determined the size of the working fine against Google for violating antitrust laws — 438 million rubles on August 16 zaeva said that negotiations with Google on the global agreement have failed and an end to the dispute Department with the Corporation will be made by the court.