The newest French view on google’s Enjoy Shop: a move with the platform exploitation?
To the , the commercial Judge from Paris fined Yahoo €2 million into the unbalanced conditions and terms of its Play Shop. As fine are limited, Google is additionally obliged so you’re able to adapt those people T&Cs, for instance the 30% fee-a far more much-getting together with implication. Apart from specific development articles, the new French wisdom don’t discover numerous attention (which are often because it is in French and you may locked behind a beneficial paywall). Although not, mГёte Maltesisk Maltesisk damer from the rich tapestry away from most recent software store circumstances, the new French view has some unique has actually.
The brand new French court structure
Unlike almost every other app store instances, the newest French you to definitely was not centered on Blog post 102 TFEU otherwise federal competitors of EU’s abuse regarding popularity supply. As an alternative, it absolutely was based on Article L442-6, We, 2° of the French Commercial Code (now Blog post L442-step one, We, 2°). As the informed me inside the a previous blog post, that it provision-located according to the going ‘means limiting of competition’-includes a listing of unfair exchange means, in addition to ‘exposing exchange partners in order to obligations that creates a significant imbalance between new rights and obligations of your hiring parties’. The French Ministry of Economic Affairs can be attempt to demand new supply just before a commercial legal.
Whilst not section of competition laws sensu stricto, new provision is known as section of ‘ce petit droit de la concurrence’ (‘brief race law’), and this protects individual hobbies (employing parties) in the place of societal passions (the economic acquisition). Its vocabulary, which means a beneficial ‘significant imbalance anywhere between employing parties’, makes reference to exploitation in place of different-an important matter below Article 102. (далее…)