2.6 billion lira fine from the Competition Board to Google

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Lerato Khumalo

In the statement made by the Competition Board, the following statements were made: “In accordance with the decision of the Competition Board (Board) dated 18.05.2023 and numbered 23-23/432-M, Google Advertising and Marketing Ltd. Şti., Google International LLC, Google LLC, By the economic entity (Google) consisting of Google Ireland Limited and Alphabet Inc., in online display advertising and online advertising technology services, Law No. 4054 on the Protection of Competition is implemented. The investigation initiated against Google to determine whether Article 6 has been violated has been concluded.

Within the scope of the investigation, firstly, the allegations that Google restricted the purchase of its online video sharing platform “YouTube” inventory only through its own demand side platforms (DSP) and prevented the verification and measurement of YouTube ads through independent service providers were examined. . In terms of this claim, Google has submitted a commitment to the Board to eliminate competitive concerns. The commitment offered guarantees access to YouTube inventory for third-party DSPs identified as Qualified YouTube DSPs. This commitment was accepted by the Board’s decision dated 03.05.2024 and numbered 24-21/486-207, and the investigation process was terminated in terms of the aforementioned allegations.

In addition, Google favors its own products/services through various behaviors in the online advertising technology services supply chain where it operates in a vertically integrated structure. Allegations that GOOGLE directed inventory purchasing requests from its own DSPs to its own supply side platforms (SSP) and favored its own SSP service (AdX) through the publisher ad server were also examined within the scope of the investigation. In this regard, the effects of GOOGLE’s activities in the DSP and publisher ad server markets on competition in the SSP services market are discussed.

Following the completion of the investigation process, as a result of the discussion of the file at the Board meeting dated 12.12.2024;

Google Advertising and Marketing Ltd., which is under investigation. Şti., Google International LLC, Google LLC, Google Ireland Limited and Alphabet Inc. are dominant in the demand side platform (DSP) services market, Google Advertising and Marketing Ltd. Şti., Google International LLC, Google LLC, Google Ireland Limited and Alphabet Inc., based on their dominance in the demand side platform (DSP) services market, forwarded inventory purchase requests from their own DSPs to their own supply side platform (SSP) service. Since no violation could be detected within the scope of Article 6 of the Law on the Protection of Competition, therefore there is no need to impose an administrative fine for the type of violation in question, Google Advertising and Marketing Ltd. Şti., Google International LLC, Google LLC, Google Ireland Limited and Alphabet Inc. are dominant in the publisher ad server services market, Google Advertising and Marketing Ltd. Şti., Google International LLC, Google LLC, Google Ireland Limited and Alphabet Inc. provides an unfair advantage to its own supply side platform (SSP) service based on its dominance in the publisher ad server services market, and that this act of self-nepotism complicates the activities of competitors. and violated Article 6 of the Law No. 4054 on the Protection of Competition, Therefore, the third paragraph of Article 16 of the Law No. 4054 and the Limiting Competition Agreement, 2023 in accordance with subparagraph (b) of the first paragraph of Article 5, subparagraph (b) of the third paragraph and subparagraph (a) of the first paragraph of Article 6 of the Regulation on Concerted Actions and Decisions and Fines to be Imposed in Case of Abuse of Dominant Position. Google Advertising and Marketing Ltd. at a rate of …% of its gross revenue. Şti., Google International LLC, Google LLC, Google Ireland Limited and Alphabet Inc. Inc. to impose an administrative fine of 2,607,563,963.59 TL on the economic integrity consisting of Inc., in accordance with the first paragraph of Article 9 of the Law on the Protection of Competition No. 4054, in order to end the violation specified in Article 2 and to ensure the establishment of effective competition in the market. Marketing Ltd. Şti., Google International LLC, Google LLC, Google Ireland Limited and Alphabet Inc., within 6 (six) months from the notification of the reasoned decision, to third party supply side platforms (third party SSPs) under conditions no less favorable than those applied to its own service. Google Advertising and Marketing Ltd. Şti., Google International LLC, Google LLC, Google Ireland Limited and Alphabet Inc.e, in case the obligations specified in Article 4 are not fully fulfilled within 6 (six) months from the notification of the reasoned decision, Article 17 of the Law on the Protection of Competition No. 4054 Pursuant to subparagraph (a) of the first paragraph, the daily administrative fine shall be imposed within 60 days from the notification of the reasoned decision, with judicial remedies open at the Ankara Administrative Courts. It was decided with the number 24-53/1180-509.”