A Preliminary Assessment of The European Commission's Google Search Decision

This article provides some initial thoughts on the European Commission’s infringement decision in Google Search. Pending a review of the full decision, the article briefly discusses three critical issues that go to the heart of the decision. The article offers thoughts on the abuse, the theory of harm and the remedy underlying the Commission’s decision. It finds that, as of yet, important questions about these three aspects still remain and irrespective of how the Commission deals with these in the full decision, the Google Search case raises important questions about the correct application of the European prohibition of abuse of a dominant position.