[Know your rights!]
A €250 million fine imposed on Alphabet and Google by the French Competition Authority: solid grounds for damages claims by press publishers.
The Authority has just published a notable decision sanctioning Google for failing to implement four of the commitments made binding by its decision 22-D-13 of 21 June 2022, including the commitment to negotiate in good faith with press publishers on transparent, objective and non-discriminatory criteria, and for continuing to “siphon off” their content protected by neighbouring rights through its AI service “Bard”.
Note: Google did not see fit to contest the facts alleged by the Authority. That choice favours damages claims that companies harmed by Google’s conduct may consider bringing, ideally preceded by an attempt at settlement, as is generally recommended.
In this context, in addition to a solid legal case setting out Google’s breaches, press publishers will need, for their claims to be taken seriously, to assess their recoverable loss before taking any formal step. Alongside lawyers experienced in damages claims, the support of competition economists is highly advisable.
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