3.11.2020   

EN

Official Journal of the European Union

C 369/1


Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 15 March 2019 concerning a draft decision in case AT.40411 Google Search (AdSense)

Rapporteur: Croatia

(2020/C 369/01)

1.   

The Advisory Committee agrees with the Commission that, for the purposes of this case, the relevant product markets are the market for online search advertising and the market for online search advertising intermediation.

2.   

The Advisory Committee agrees with the Commission that, for the purposes of this case, the relevant geographic market for online search advertising is national in scope.

3.   

The Advisory Committee agrees with the Commission that, for the purposes of this case, the relevant geographic market for online search advertising intermediation is EEA-wide in scope.

4.   

The Advisory Committee agrees with the Commission that Google has held a dominant position in the market for online search advertising intermediation between at least 2006 and 2016.

5.   

The Advisory Committee agrees with the Commission that the Exclusivity Clause in contracts with All Sites Direct Partners constituted an abuse of Google's dominant position in the EEA-wide market for online search advertising intermediation within the meaning of Article 102 of the TFEU and Article 54 of the EEA Agreement.

6.   

The Advisory Committee agrees with the Commission that the Premium Placement and Minimum Google Ads Clause constituted an abuse of Google's dominant position in the EEA-wide market for online search advertising intermediation within the meaning of Article 102 of the TFEU and Article 54 of the EEA Agreement.

7.   

The Advisory Committee agrees with the Commission that the Authorising Equivalent Ads Clause constituted an abuse of Google's dominant position on the EEA-wide market for online search advertising intermediation within the meaning of Article 102 of the TFEU and Article 54 of the EEA Agreement.

8.   

The Advisory Committee agrees with the Commission's assessment that all the above mentioned conducts constitute a single and continuous infringement as described in the draft decision.

9.   

The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement as described in the draft decision.

10.   

The Advisory Committee requests the Commission to take into account the observations made during the meeting.

11.   

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.