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  (Source: LiveLaw.in)
Google has no chance to avoid fine merely by promising change, unlike in the EU, U.S.

In the U.S., Google Inc. (GOOG) managed to plead its case successfully enough that the antitrust accusations regarding its search engine only led to a small fine.  In Europe, regulators forced it to make changes, but it also appears ready to escape without any major punitive fines given its willingness to cooperate and tweak its more controversial strategies.
 
I. Five BILLION Dollars
 
But the American internet and mobile software giant isn't out of the woods yet.  The world's largest search engine and mobile operating system maker's latest headache comes courtesy of The Competition Commission of India (CCI), a government regulatory body of the southern Asian nation who is examining local and international complaints carefully.

LiveLaw.in
[Image Source: LiveLaw.in]

The CCI says that a local matchmaking service claims it was damaged by Google's anticompetitive tactics.
 
The accusation is similar to that lofted against Google in past cases.  The basic allegation is that Google -- which controls a majority of customer search traffic -- is overriding its own algorithms such that the best services are bumped down in the search results, making them less used and harder to find.  Google in turn is said to give prominent positions to its own in-house offerings, locking customers (to an extent) in its profit loop (unless they want to go out of their way to dig into the pages of other results).
 
Google has come under increasing scrutiny in India after the local Muslim minority has noisily protested against the search engine returning in the search results websites with insulting images of their Prophet Mohammed.  Some have demanded the search engine results be censored.

Google India
[Image Source: GlobalPost]

But the competition question has grown into a far more dangerous issue for Google in the region.
 
The Consumer Unity & Trust Society -- aka, "CUTS International" -- also filed a similar complaint.  While the efforts in Europe were largely steered by Microsoft Corp. (MSFT), a major U.S. rival of Google, CUT Int'l is equally critical [see this, for example] to both companies. The UN and other global advocacy groups back it.
 
Indian law allows for very stiff antitrust penalties.  Namely, it allows a maximum fine of 10 percent of a company's 3-year average profit.  Google has brought in $49.3B USD in 3 years, so that indicates a maximum fine of nearly $5B USD.
 
While past settlements and negotiations suggest Google will be able to placate Indian officials, such a fine could set records previously held by the billions in fines by the EU against Microsoft and Intel Corp. (INTC).
 
II. No Chance to Settle
 
India's Matrimony.com, says the case has some unique elements, though, which may make it more costly for Google.  Comments the site's legal counsel Ferida Satarawala:

Google's unfair use of trademarks as well as its retaliatory conduct are not specifically addressed in the European settlement and are distinct theories of harm being pursued by the CCI. Therefore, this settlement is unlikely to address CCI's concerns in our case.

Matrimony.com

The complaint is current being looked into by India's Director General of Foreign Trade (DG).  The DG is seeking input from other third parties (e.g. Microsoft) who might have a bone to pick with Google's tactics, as well.  After that, the CCI will likely look to formally charge Google and pursue a fine.

Interestingly, authorities indicate Google will not be able to settle the complaints by promising to change.  While it will face more fines for continuing offenses, the fines will be decided based on the court's analysis of what Google has already done.  Also interesting is that the court has the power to break Google India up into "Structural Entities", forcing the company to abandon key portions of its Indian business.

Google, for its part, has long seemed resigned that it may be found eventually to have done something wrong.  To that end it's set aside $750M USD in an antitrust settlement buffer, a cash reserve that thus far has remained mostly untapped.

A Google spokesperson said in a statement that they are "extending full co-operation" to the Indian authorities, pointing to past antitrust settlements.

Source: The Financial Times



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LMAO!!!
By Reclaimer77 on 3/10/2014 8:54:25 PM , Rating: 1
Their entire dirty stinking country isn't even worth that much.

Like okay Dr. Evil, why don't you just ask for a catrillionmillion dollars!?




RE: LMAO!!!
By idiot77 on 3/10/2014 9:43:57 PM , Rating: 2
Somebody's job got exported.


RE: LMAO!!!
By ipay on 3/10/2014 10:57:28 PM , Rating: 2
To be fair, it is a dirty, stinking country. I vividly remember getting off the plane on my first visit; you could almost taste it. And when its not garbage and human waste assaulting you, it's overbearing incense and spices.


RE: LMAO!!!
By atechfan on 3/11/2014 6:12:21 AM , Rating: 1
This, my friend, is why you are so often -1. Because your great Google was attacked, you denigrate an entire country, showing both racism, and ignorance. India has nearly 1 billion people. Well poverty is a serious problem there, only an idiot would think that the per capita wealth is under 5 dollars.


RE: LMAO!!!
By R!TTER on 3/11/2014 7:27:02 AM , Rating: 4
Actually the official figures place it right behind China & well in excess of a billion ~

http://www.censusindia.gov.in/2011-prov-results/in...

Oh btw you're right that he's an ignoramous of the highest order!


RE: LMAO!!!
By peterrushkin on 3/11/2014 8:48:01 AM , Rating: 1
Why does everyone keep on jumping to racism?

He's right you know. The country is pretty bad. You know, they would rather spend this money on putting sh!t into space rather than building toilets for the local com,unity and helping to fight diseases that were cured in the western world hundreds of years ago.

Not forgetting, this money will never see the people ever. India is a feudal and corrupt country. With nepotism running rampant.

I sometimes wish to the almighty that I never am reborn an indian, boy that would totally such.

So stop being so ignorant and branding everyone racist just because you disagree. No wait, thats how it is in the US now. Don't agree with the pres? Racist! Shut up Racist!


RE: LMAO!!!
By atechfan on 3/11/2014 1:07:03 PM , Rating: 1
Oh I know that he's not really racist, he just sometimes likes to say shit to piss people off. It's all good, reclaimer and I spar sometimes, just for the hell of it.


RE: LMAO!!!
By Reclaimer77 on 3/11/2014 4:32:25 PM , Rating: 1
quote:
he just sometimes likes to say shit to piss people off.


At least you're smart enough to figure that out lol.

But sorry, there's nothing racists about my statement. Take a look for yourself.

http://www.chinasmack.com/2010/pictures/filthy-ind...

India should be PAYING Google billions of dollars just to associate itself with such horrible living conditions and filth.


RE: LMAO!!!
By inighthawki on 3/12/2014 1:38:44 AM , Rating: 2
Quite possibly one of the more disturbing things I've ever seen. I knew it was pretty filthy there but that just exposes a whole level more. It surprises me that people can survive there...


RE: LMAO!!!
By atechfan on 3/12/2014 3:31:07 PM , Rating: 1
Now I'm the one that is probably going piss people off, but Hinduism is the biggest problem in India. A religion that has a belief that you cannot better yourself, that your shitty living conditions are the result of sins in a past life, and that has a rigidly imposed caste system, is causing untold suffering.


RE: LMAO!!!
By PaFromFL on 3/11/14, Rating: -1
RE: LMAO!!!
By Spinne on 3/11/14, Rating: 0
RE: LMAO!!!
By TSS on 3/11/2014 7:32:05 PM , Rating: 2
Know what the US is worth? -$77,2 trillion (total assets minus total debt + liabilities). If we start counting derivates it's closer to -$300 trillion.

Are you really sure you wanna start that fight?


"I mean, if you wanna break down someone's door, why don't you start with AT&T, for God sakes? They make your amazing phone unusable as a phone!" -- Jon Stewart on Apple and the iPhone














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