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On 15 December 2021, the French competition authority opened a consultation on Google' commitments to ensure appropriate content remuneration, which will last until 31 January 2022. Previously, Google released a series of commitments to the French competition authority after it issued preliminary findings regarding Google's compliance with the right to content remuneration for press agencies and publishers in the Law of 24 July 2019. The authority had found that Google likely disregarded its obligations in three ways. Firstly, Google abused its market power, imposing unfair trading conditions by initially refusing to display press content if the content was not offered free of charge. The authority regards this as a violation of EU competition law (Article 102(a) of the TFEU and Article L. 420-2 of the French Commercial Code). Secondly, Google did not offer remuneration across all press agencies and news publishers. Thirdly, Google did not enter into any type of negotiation with its news publishers and press agencies. Google offered various commitments to address the concerns of the authority. Google offered to enter into good faith negotiations with all press publishers and news agencies regarding protected content remuneration. To enable transparent and fair negotiations, Google committed to providing necessary information within 15 working days under supervision by an independent trustee. If the negotiations prove unfruitful, Google suggested an arbitration procedure whose fees are covered by Google if the price is too high for news agencies and press publishers. Google also committed that the negotiation outcomes woul not affect how the content is ranked on the site or other relationships and commitments towards news agencies and press publishers. Additionally, Google committed to extend its remuneration to publishers that do not have IPG certification and third-party press agencies. Finally, Google committed to withdraw its appeal against the previously imposed EUR 500 million fine.
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