France: Published sanction against Google for non-compliance with commitments given to FCA (Decision 24-D-03)

On 20 March 2024, the French Competition Authority (FCA) sanctioned Google for non-compliance with commitments agreed to in June 2022 (Decision 22-D-13). Specifically, the Authority found that Google had disregarded its commitment to cooperate, as well as four of its seven specific commitments, including conducting negotiations in good faith, transmitting necessary information to publishers and press agencies, and taking measures to ensure that negotiations do not affect existing economic relations between publishers and Google. Further, the Authority found that Google's 'Bard' artificial intelligence system had used content from publishers and press agencies without notifying them or the authority, and without providing a technical solution to opt out of the use of content by Bard. As a result, the Authority imposed a pecuniary penalty of EUR 250 million against Alphabet Inc, Google LLC, Google Ireland Ltd and Google France. The original case revolved around the creation of conditions allowing balanced negotiation between publishers, press agencies, and platforms.