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Google Fined For Failure To Negotiate With Publishers In Good Faith

Mar 20, 2024 - forbes.com
French regulators have imposed a €250 million fine on Google for not adhering to prior commitments regarding payments to media companies. The fine is linked to a dispute over payments to publishers for displaying their content in search results, which started after a copyright law was introduced in 2019. Google was previously fined €500 million in 2021 by France's competition authority, the Autorité de la Concurrence, for non-compliance. The authority has now ruled that Google has failed to comply with four of the seven commitments it had proposed and accepted.

The authority found that Google did not negotiate in good faith and failed to provide necessary information to press agencies and publishers. It also expressed concerns over Google's AI, Gemini (formerly Bard), using content from press agencies and publishers to train its model without notification or providing an opt-out option. Google has agreed not to contest the findings and has proposed measures to address the breaches. However, the company expressed dissatisfaction with the fine, considering it disproportionate to the identified shortcomings.

Key takeaways:

  • Google has been fined €250 million by French regulators for failing to comply with previous commitments on payments to media companies, particularly in relation to a dispute over payments to publishers for displaying their content in search results.
  • The Autorité de la Concurrence has ruled that Google has failed to comply with four of the seven commitments it proposed, including failing to negotiate in good faith and not providing press agencies and publishers with the necessary information to assess payments due.
  • There are concerns over Google's AI, Gemini (formerly Bard), using content from press agencies and publishers to train its model without notification or offering a technical solution for them to opt out, which hampers their ability to negotiate payment.
  • Google has agreed not to contest the findings and has proposed measures to address the breaches, but expressed dissatisfaction with the fine amount, considering it disproportionate to the identified shortcomings and not taking into account their efforts to respond to the various remarks.
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