Below are questions for both the EU and Google, given the expected announcement soon of a proposed settlement of Google's alleged antitrust violations.
Questions for the EU:
Remedies Implications: Since the EU's formal demand for Google to propose acceptable remedies for the abuses and harms that Google has caused would only be appropriate and legal if Google was indeed a monopoly, and in fact abused its monopoly, does the EU effectively consider Google a monopoly which has abused its market power?
Non-compliance penalty? Does the EU reserve the right to issue a formal Statement of Objections in the future if Google proves seriously non-compliant with the proposed monopoly abuse enforcement settlement?
Complainant review? What assurances will complainants have to ensure that Google's concessions are meaningful and real, and will not be easily gamed by Google because of the dearth of technical expertise on the EU enforcement staff?
Effect on other EU-Google Antitrust investigations? Will this monopoly abuse enforcement settlement have any effect on the conduct or outcome of the EU's investigation into Google's alleged anti-competitive behavior with Android and/or Google-Motorola's alleged abuse of standards essential patents?