Thread by @lewis_crofts

My wrap on final session of #GoogleHearing.

Google went hard on benefits Android has created, creating platform that spurred competition. It said it has right to promote Android & not rest on its laurels.

EC said: G “gave itself the laurel wreath before race had started”/1

Google said EC had failed to prove preinstallation was anticompetitive because other apps/services could be downloaded easily & accessed through browsers.

EC said G execs knew full well their success rested in “not making its services optional.” /2

Consumers argue that there is a “status quo bias” where users stick with the stuff that comes on the phone.

Google argued previously that there was nothing on behavioural economics in the @EU_Commission #antitrust decision & doubting their value here /3

Thomas Höppner, representing German publishers, had a smart response, pointing to jobs ads at Google for behavioural economists, showing the company saw this strand of science as highly valuable.

Google also said revenue share deals were “minute” & therefore had no effect /4

EC said while their coverage was small it was a “succulent slice” of the market that Google wanted to capture.

Gigaset, supporting Google, raised an interesting legal argument over the standard of proving the case. The standard has dropped from “foreclosure” to the lesser…5

… test of “competitive advantage that can not be offset.”

Big Tech should keep its eye on this. Could spell trouble for them in the future by making it easier to prove their conduct is abusive. At least, that may be their fear.

Google finished by saying:… /6

“Billions of people use our search engine because it’s the best, not because of dominance abuse.”

So, what now?

Judges go off to draft the judgment. Will be at least 9 months, I reckon. Then whoever loses appeals it again to the Court of Justice. Probably. /7

General impressions:
- court did a very good job of exploring the issues; this was a comprehensive hearing; no doubt
- no discussion of “counter factual” raised eyebrows a bit
- Google made the most progress with judge on fact that revenue share deals had limited coverage /8

- EC case made the most progress with judge on claim that anti-fragmentation rules stopped competition emerging from other Android “forks”
- the proceedings were remarkably cordial. Just a few little jabs, but otherwise a respectful atmosphere all round. /9

- I suspect both sides will be happy with how it went. No real knock-out blows either way, and everyone had a good crack at attacking/defending the decision. No regrets.

And that’s it.

Hope you enjoyed it. This is a huge case. I’m off to bed /ends

Addendum: if you haven’t had enough of me. And you want to hear the same again via the spoken word, then here’s the podcast recorded this morning

https://twitter.com/mlexclusive/status/1443891802562498591