The National Competition Market Commission (CNMC) has initiated a disciplinary proceeding against Google and its parent company Alphabet for practices restricting competition that would affect publishers of press publications and Spanish news agencies, as reported this Tuesday in a release.
Specifically, it is a practice that is explicitly prohibited by articles 2 and 3 of Law 15/2007, of July 3, on the Defense of Competition (LDC) and in article 102 of the Treaty on the Functioning of the European Union. (TFEU) (S/0013/22).
On the one hand, the CNMC is investigating a series of practices that "could imply an abuse of Google's dominant position with respect to publishers of press publications and news agencies established in Spain", explains the Commission. In particular, these practices would consist of the possible imposition of unfair commercial conditions on publishers of press publications and news agencies established in Spain for the exploitation of their content protected by intellectual property rights.
On the other hand, the investigated conducts would also include practices that would constitute acts of unfair competition that could distort free competition affecting the public interest. "These practices could infringe the third section of article 129 bis of Royal Legislative Decree 1/1996, of April 12, which approves the consolidated text of the Intellectual Property Law, and could suppose the exploitation of the situation of dependency compared to Google in which the publishers of press publications and news agencies established in Spain would find themselves", they explain.
The CNMC has opened this file following the receipt of a complaint by the Spanish Center for Reprographic Rights (CEDRO).
In view of said complaint and the information collected within the framework of the reserved information phase, the CNMC Competition Directorate considers that there are rational indications of the commission, by Google, of possible infringements of articles 2 and 3 of the LDC, as well as article 102 of the TFUE.
The initiation of this file does not prejudge the final result of the investigation. A maximum period of 18 months is now open for the investigation of the file and for its resolution by the CNMC.
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