1 00:00:00,040 --> 00:00:02,920 Speaker 1: Now it's time for our daily Bloomberg Law Brief, exploring 2 00:00:03,000 --> 00:00:05,800 Speaker 1: legal issues in the news, and Today Bloomberg Laho student 3 00:00:05,840 --> 00:00:09,119 Speaker 1: Grosso and Michael Best discussed Google's decision to appeal a 4 00:00:09,240 --> 00:00:12,240 Speaker 1: record breaking two point nine billion dollar anti trust fine 5 00:00:12,280 --> 00:00:15,480 Speaker 1: from the European Union. They speak of the Bloomberg Intelligence 6 00:00:15,520 --> 00:00:20,439 Speaker 1: senior litigation analyst Jennifer Ree. Jennifer, why is it that 7 00:00:20,520 --> 00:00:23,680 Speaker 1: Google has decided, unlike a lot of companies that have 8 00:00:23,800 --> 00:00:28,040 Speaker 1: settled with the Commission, to appeal this fine. Well, that's 9 00:00:28,080 --> 00:00:30,400 Speaker 1: a good question, and I guess it. You know, only 10 00:00:30,480 --> 00:00:33,199 Speaker 1: Google really can say why they've decided to do this, 11 00:00:33,640 --> 00:00:37,880 Speaker 1: though it seems with the Intel decision in a qualified sense, 12 00:00:38,200 --> 00:00:41,400 Speaker 1: you know, that's kind of good news, I think for Google, 13 00:00:41,479 --> 00:00:44,360 Speaker 1: because what it does is it sets up a court 14 00:00:44,360 --> 00:00:47,880 Speaker 1: precedent in Europe that where a theory of harm is 15 00:00:47,920 --> 00:00:50,760 Speaker 1: based on foreclosure of competitors, which is the case in 16 00:00:50,800 --> 00:00:55,480 Speaker 1: both Intel's situation and in Google situation, that it can't 17 00:00:55,520 --> 00:00:58,760 Speaker 1: just be taken for granted that that foreclosure is anti 18 00:00:58,800 --> 00:01:02,640 Speaker 1: competitive and violates the laws, that an economic analysis needs 19 00:01:02,640 --> 00:01:05,200 Speaker 1: to be applied and all of the facts and circumstances 20 00:01:05,200 --> 00:01:08,760 Speaker 1: need to be um evaluated to understand whether really that 21 00:01:08,840 --> 00:01:13,000 Speaker 1: causes harm to markets. Jen, a court spokeswoman, said that 22 00:01:13,120 --> 00:01:15,959 Speaker 1: Google has not asked for an interim order to suspend 23 00:01:15,959 --> 00:01:19,720 Speaker 1: the EU decision, which means that without an injunction, it's 24 00:01:19,720 --> 00:01:23,160 Speaker 1: still obligated to pay the fine and comply with other 25 00:01:23,240 --> 00:01:27,399 Speaker 1: elements of the June ruling. Can you imagine why they 26 00:01:27,480 --> 00:01:30,880 Speaker 1: decided not to ask for an injunction? That is right, 27 00:01:30,880 --> 00:01:32,679 Speaker 1: they will have to pay the fine and alter the 28 00:01:32,720 --> 00:01:37,199 Speaker 1: way their shopping services comparison shopping services are displayed. Um. 29 00:01:37,240 --> 00:01:39,560 Speaker 1: I think it's likely that they did not seek an 30 00:01:39,560 --> 00:01:43,320 Speaker 1: injunction because that standard is very high, and it's unlikely 31 00:01:43,360 --> 00:01:44,920 Speaker 1: that they could have met it. They would have had 32 00:01:44,959 --> 00:01:47,280 Speaker 1: to show that there is urgency and that they would 33 00:01:47,280 --> 00:01:50,480 Speaker 1: have suffered irreparable harm had they had to comply now 34 00:01:50,640 --> 00:01:53,760 Speaker 1: and they have to pay this fine which they can't afford, 35 00:01:54,320 --> 00:01:57,160 Speaker 1: and changing these shopping services. It just seems unlikely they 36 00:01:57,160 --> 00:01:59,200 Speaker 1: would have been able to prove in court that having 37 00:01:59,200 --> 00:02:01,360 Speaker 1: to do these things now, as they waited out the 38 00:02:01,400 --> 00:02:04,880 Speaker 1: appeal would have caused urgent and irreparable harm to their business. 39 00:02:05,200 --> 00:02:09,280 Speaker 1: What happens now? Uh, and and how can we expect 40 00:02:09,280 --> 00:02:11,919 Speaker 1: this case to move along, well, it will move along 41 00:02:11,960 --> 00:02:15,520 Speaker 1: slowly much we know. So we'll now wait for the 42 00:02:15,560 --> 00:02:19,560 Speaker 1: General Court decision. And it could uphold what the European 43 00:02:19,600 --> 00:02:22,880 Speaker 1: Commission has done here with respect to requiring a fine, 44 00:02:22,960 --> 00:02:25,920 Speaker 1: endo conduct remedy or it, or it could say that 45 00:02:26,000 --> 00:02:28,760 Speaker 1: this needs to be reevaluated or reverse things or even 46 00:02:28,800 --> 00:02:33,120 Speaker 1: lower the fine. That's Bloomberg Intelligence Senior Litigation analyst Jennifer 47 00:02:33,160 --> 00:02:35,480 Speaker 1: Re speaking with Bloomberg Lah host ju In Grosso. You 48 00:02:35,560 --> 00:02:37,919 Speaker 1: can listen to Bloomberg Law weekdays at one pm Wall 49 00:02:37,960 --> 00:02:41,040 Speaker 1: Street time here on Bloomberg Radio, and that's this morning's 50 00:02:41,040 --> 00:02:43,200 Speaker 1: Bloomberg Law Brae. 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