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Case history and procedure The Commission opened proceedings in this case in November 2010. This followed a number of complaints by European and US competitors that Google had breached EU antitrust rules. After an initial investigation, Google sought to address the Commission's concerns by offering legally binding commitments. Google proposed three sets of commitments (the third was submitted in February 2014). However, the feedback the Commission received from third parties showed that they were not effective to address the Commission's competition concerns in full. Google did not submit a revised proposal. The case therefore has a specific history. Since various attempts to reach a conclusion by means of commitments failed, from November 2014, the Commission services started to update the information in the files. This led to two Statements of Objections, in April 2015 and July 2016, setting out the Commission's preliminary conclusions and a range of additional evidence. Google's rights of defence were respected throughout the Commission's investigation – it was granted the opportunity to respond to both Statements of Objections on the basis of full access to the non- confidential Commission file as well as access to a range of confidential business and traffic data that was granted to Google's advisors in so-called "data rooms". Google also had the right to an oral hearing before the Commission services and the competition authorities of the Member States after each Statement of Objections, which it chose not to exercise. Other cases The Commission has already come to the preliminary conclusion that Google has abused a dominant position in two other cases, which are still being investigated. These concern: 1) the Android operating system, where the Commission is concerned that Google has stifled choice and innovation in a range of mobile apps and services by pursuing an overall strategy on mobile devices to protect and expand its dominant position in general internet search; and 2) AdSense, where the Commission is concerned that Google has reduced choice by preventing third- party websites from sourcing search ads from Google's competitors. The Commission also continues to examine Google's treatment in its search results of other specialised Google search services. Today's Decision is a precedent which establishes the framework for the assessment of the legality of this type of conduct. At the same time, it does not replace the need for a case-specific analysis to account for the specific characteristics of each market. MEMO/17/1785 Press contacts: Ricardo CARDOSO (+32 2 298 01 00) Yizhou REN (+32 2 299 48 89) General public inquiries: Europe Direct by phone 00 800 67 89 10 11 or by email Photos & Videos image_en

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