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AP Photo/Geert Vanden Wijngaert

Google's latest EU headache could end up affecting how your phone operates

The European Commission has accused Android of abusing its own dominant position to promote its own services.

THE EUROPEAN COMMISSION has opened up an investigation into Google over the rules it imposes on phone makers using Android.

Roughly 80% of smartphones used in Europe run on Android but the European Commission (EC) is taking issue with some of the company’s practices.

The EC has sent a Statement of Objections to Google regarding the conditions it places on phone makers using the operating system, saying it kills competition.

“Based on our investigation so far, we believe that Google’s behaviour denies consumers a wider choice of mobile apps and services and stands in the way of innovation by other players,” said EU competition commissioner Margrethe Vestager.

The specific claims made against Google include:

  • Requiring phone makers to pre-install Google Search and Chrome as well as make Google the default search engine.
  • Stopping phone makers from selling smartphones running on competing software based on Android.
  • Giving financial incentives to phone makers and network operators on the condition they exclusively pre-install Google Search on devices.

Google has already released a statement rejecting the claims saying its “partner agreements are entirely voluntary” and that the revenue generated by its apps and services via Android are what helps fund it and keep it free.

We take these concerns seriously but we also believe that our business model keeps manufacturers’ costs low and their flexibility high, while giving consumers unprecedented control of their mobile devices.
While Android is free for manufacturers to use, it’s costly to develop, improve, keep secure, and defend against patent suits. We provide Android for free, and offset our costs through the revenue we generate on our Google apps and services we distribute via Android.

Looking to the past

As for what happens now, it’s worth looking at what happened with Microsoft and Internet Explorer back in 2009 as a possible example. The company used its dominant position as the leading desktop software to push Internet Explorer and therefore become the dominant player in the web browser market.

After losing a court case in 2010 and being fined €860 million overall, it was then required to include a web browser choice screen. This showed Windows XP, Vista and 7 users 11 different browsers they could install including Internet Explorer. This case eventually led to another EU case looking into Google’s search engine practices.

BrowserChoice The browser choice screen Microsoft was forced to use after it lost its court case. Wikimedia Wikimedia

While the fine was huge, the EU didn’t feel that would be enough to stem anti-competitive behaviour among companies. The then EU competition commissioner Joaquin Almunia said that the commission would look for negotiated settlements that would change businesses’ plans instead of just fining them.

That will likely be the approach for this Android case. Google might be able to absorb the costs a fine would bring, but with the focus on cutting down the practice outright, it would look to ensure users get a choice of browser and search option the first time they start up a smartphone.

One part of the problem is how most Android smartphones tend to double up on similar apps. The agreement with Android is you include these apps as standard and are free to add your own afterwards, which is why you end up with two photo apps, two messaging apps, two calendar apps and so on.

Belgium Europe Steel The EC competition commissioner Margrethe Vestager. AP Photo / Virginia Mayo AP Photo / Virginia Mayo / Virginia Mayo

The other part concerns Google’s statement which mentions how it’s free but costly to develop. Depending on the compromises made over the next few months, it could end up limiting revenue streams and cause it to look for money elsewhere.

One of the benefits of Android is it doesn’t cost phone makers anything to modify, developing software from scratch is a major cost for any company, and helps keep the overall cost of their phones down.

If Google has to find other ways to fund it, or follow Apple’s example and charge developers an annual fee for publishing apps, then that could have an impact on the type of apps released. If it gets manufacturers to pay for it in some form, that cost could be passed down to consumers through smartphone prices.

Google has three months to respond to the claims.

Read: Apple complied with a lot of data requests made by Irish authorities >

Read: This classic computer is hoping to return as two different devices >

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25 Comments
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    Mute Ciarán
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    Apr 20th 2016, 1:00 PM

    While it’s a bit anticompetive the alternative is phones filled with bloatware you can’t uninstall. I specifically bought a Nexus phone so I wouldn’t have to deal with any of that

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    Mute Seán O'Ceallaghan
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    Apr 20th 2016, 4:26 PM

    Superior products destroys competition: Declared unfair.

    8
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    Mute PJ Maguire Kavanagh
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    Apr 20th 2016, 4:31 PM

    You can disable bloatware from the application manager menu in settings, it’s removes all app data and the app from your apps drawer.

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    Mute James Kelly
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    Apr 20th 2016, 1:11 PM

    Google search is great. Hate bing

    33
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    Mute Rashers Tierney
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    Apr 20th 2016, 1:01 PM

    Android services are excellent – long may the abuse continue! :-)

    29
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    Mute Guy Incognito
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    Apr 20th 2016, 12:57 PM

    I’ve done hundreds of Windows installs and I’ve never once seen that browser selection screen.

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    Mute Fozz
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    Apr 20th 2016, 2:45 PM

    Were they all installs within an enterprise setup?
    If so there may be a policy in place to suppress that browser selection screen on startup.

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    Mute postman pat
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    Apr 20th 2016, 3:26 PM

    it was an update, but if I ever ran windows update I just disabled it so it would never install it.

    2
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    Mute Quiet Goer
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    Apr 20th 2016, 1:12 PM

    The Almighty GOOG are like Microsoft in the 90′s and early 2000s

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    Mute Rashers Tierney
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    Apr 20th 2016, 1:14 PM

    As a footnote, where does this leave Juncker ‘s abject pleading, wherein he admits unnecessary interference in citizens’ lives. This is action for the sake of action. We are drowning in unnecessary legislation because our ‘legislatures’ must have fodder to justify their existence. Away with superfluous legislation, let us rather concentrate on what is actually necessary.

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    Mute itsonlyme
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    Apr 20th 2016, 3:13 PM

    Quite right why have choice or fair markets better just to have one supplier.

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    Mute Your Defence
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    Apr 20th 2016, 1:33 PM

    Ultimately, this seems to be down to them *completely* ignoring that Android is an open source operating system which it is, Amazon made their own version of Android from AOSP to create their own app store, services etc. Device makers and carriers choose to create devices that use Google’s services, by being part of the Android handset alliance which they are free to leave at anytime and create their own version of Android if they so wish to do so, but don’t as they prefer to use Google Play services and apps which make their phones better for no extra cost. If Google/Android were to lose this case, it’ll create major headaches for consumers and phone manufacturers alike. Generally speaking, the European Commission make great calls, but this seems screams ‘we’ve been lobbied by companies that dislike Android’s dominance’.

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    Mute brian magee
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    Apr 20th 2016, 1:45 PM

    You seemed to have missed a good chunk of the article. Google seem to be preventing the manufacturers from using alternate OS. As in only use Android or we won’t let you. ( this blocks other OS’s. ) and is not good.
    Also forcing them to use chrome and Google search is not good for competition. So they cans trip them out and let the customer decide

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    Mute postman pat
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    Apr 20th 2016, 3:27 PM

    Brian Apple do they same

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    Mute brian magee
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    Apr 20th 2016, 4:15 PM

    No apple manufacture there own stuff and don’t tie in other companies into the same exclusivity contracts, also as the article says 80% of devices use android.

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    Mute Tommy McCarthy
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    Apr 20th 2016, 5:01 PM

    In fairness there isn’t many OS’s available,

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    Mute Sam Cairns
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    Apr 20th 2016, 1:49 PM

    While we are at it, why don’t we punish Germany for being too economicaly successful as well. They seem to have conditions attached to all european countries.

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    Mute Thosj Carroll
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    Apr 20th 2016, 1:23 PM

    Bing is a nuisance & can’t beat mighty Google!

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    Mute postman pat
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    Apr 20th 2016, 3:23 PM

    How are apple getting away so?

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    Mute Jane Alford
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    Apr 20th 2016, 4:05 PM

    They are most likely paying the commission backhanders to keep them at bay, I may be proved wrong and they are targeted next, but I doubt it.

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    Mute brian magee
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    Apr 20th 2016, 4:18 PM

    80% v 20%, do they are not abusing there dominant position. Also they are not forcing other manufacturers to only use their products. Google are saying to HTC, Samsung that they can only use Android provided they don’t release phones using Windows 10 etc

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    Mute Larissa Caroline Nikolaus
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    Apr 20th 2016, 4:59 PM

    @Brian, Why are HTC (as an example) offering phones with Windows then, if Google is preventing them from doing so?

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    Mute brian magee
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    Apr 20th 2016, 9:25 PM

    Larissa , that’s a job for Googles defence lawyers. Not a randomer like me ;)

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    Mute Larissa Caroline Nikolaus
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    Apr 20th 2016, 9:29 PM

    Fair enough :)

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    Mute roro
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    Apr 20th 2016, 8:44 PM

    There’s enough bloatware on phones already with this decision by the EU phones will be full of more crap that know body wants

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