Abusive character of preinstallation conditions (MADA) and objective justification
Résumé
The Google Android judgment, pronounced by the EU General Court on 14 September 2022, has confirmed the main substance of the European Commission’s July 2018 decision sanctioning Google’s exclusionary practices. This contribution focuses on one of its dimensions confirming the Commission’s analysis related to the anti-competitive foreclosure effects of pre-installation contractual provisions of Google’s applications. The effects of these contractual provisions should be considered from the perspective of a tying practice and from the angle of the exploitation of a ‘status quo bias’ from users.
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