A Preliminary Assessment of the European Commission's Google Android Decision

This article offers a preliminary overview of some of the pertinent aspects of the European Commission’s Google Android decision. It discusses the definition of the relevant market and competitive constraints in the case, including the potential constraint from Apple. It also offers thoughts on the theory of harm in the case and suggests that Google Android may be better perceived as a case concerning refusal to deal than tying. Finally, the article discusses some of the implications of the decision and notes the growing importance of objective, commercial justifications in the context of technology markets where services are monetized in very different ways by different providers.