Google Rebuffs EC Android Antitrust Charge, Says Competition in Europe Has Expanded

Google Thursday rebuffed European Commission concerns that the company's Android operating system is hurting competition by skirting antitrust rules and imposing restrictions on device makers and mobile network operators (see 1604200001). In response to the EC's April statement of objections, General Counsel Kent Walker said in a blog post that the free and open source Android expanded competition. He wrote that Android competes with Apple iOS, and Google and hardware makers established a "minimum level of compatibility" for Android devices to minimize fragmentation. "We give phone makers wide latitude to build devices that go above that baseline, which is why you see such a varied universe of Android devices," he wrote. He added that Google's apps account for less than one-third of preloaded apps, which consumers "can swipe away." Hardware makers and carriers can install rival apps. Walker said Google provides free distribution of some products like Google Search and Google Play rather than charge upfront licensing fees. Thomas Vinje, counsel to FairSearch, a group representing Google's competitors, said in a statement that the company is "abusing its dominance to prevent competition and innovation." He said the EC "must pursue its case to a conclusion, and require Google to change its behavior, so consumers can benefit from the resulting innovation emerging from a competitive marketplace for search, browsers, and everything else on a smart phone." Computer & Communications Industry Association Europe Director Jakob Kucharczyk said in a statement that Android has been "fundamentally important" to the development of Europe's mobile economy "spurring competition, innovation and consumer choice." He restated many of Walker's points and added that they are "elements of a highly competitive and balanced environment.”