Japan's Fair Trade Commission Issues Cease and Desist Order to Google

In a significant move that could have far-reaching implications for the tech industry, Japan's Fair Trade Commission (JFTC) has mandated that Google cease making preferential deals that favor its own products, particularly Google Search and Chrome, on devices operating the Android system. This directive marks a historic moment, as it is reported to be the first time the JFTC has issued such a cease and desist order against a major tech company, highlighting the increasing regulatory scrutiny over monopolistic practices in the technology sector.
According to Nikkei Asia, the JFTC's investigation revealed that Google sought arrangements with at least six different manufacturers of Android smartphones since July 2020. The nature of these deals reportedly involved Google sharing advertising revenue with five particular business partners, under the condition that its Chrome browser and Google Search services would be prominently placed on the initial home screen of the devices. Furthermore, these agreements stipulated that competing services from other companies would be excluded entirely, thus limiting consumer choice and stifling competition.
As part of the penalties imposed by the JFTC, Google must now revise specific elements of its revenue-sharing agreements with these manufacturers. This revision is intended to provide the phone makers with greater flexibility and a wider range of options when it comes to advertising revenue distribution. Additionally, the tech giant is required to engage an independent third party to monitor its compliance with the JFTC's order for a five-year period. This move is seen as an effort to ensure that Google adheres to the new regulations and to promote fair competition within the industry.
In response to the JFTC's findings, Google spokesperson Danielle Cohen expressed disappointment, stating, Were disappointed by the JFTCs findings, as our agreements with Japanese partners are pro-competitive and have undeniably boosted their ability to invest in product innovations which deliver more choice for consumers. She indicated that Google would take the time to thoroughly review the order before determining any further steps.
The JFTC's intervention follows Japan's enactment of new legislation last year that aligns closely with the European Union's Digital Markets Act. This legislation aims to limit self-preferencing behaviors by major tech firms, similar to the practices Google is being instructed to abandon. The implications of this order are significant, especially considering that Google is currently facing its own antitrust challenges in the United States, which could culminate in a ruling that leads to a potential breakup of the company.
This regulatory action by the JFTC underscores a growing global trend where governments are increasingly willing to take a stand against perceived monopolistic practices by big tech companies. As regulators around the world continue to scrutinize the actions of these firms, it remains to be seen how Google will adapt to these changes and what impact they will have on the competitive landscape in the tech industry.