Neighboring rights: Google fined

Reminder: In 2019, Article 15 of the Copyright Directive ("DAMUN") established a principle of neighboring rights for press publishers. This text entrenched the obligation for digital platforms - and Google's search results pages in the first instance - to remunerate the use of press publishers' protected content displayed on their sites.

A long-running dispute had pitted the French media against Google, resulting in a heavy sentence against the American giant in 2022. We wrote about it here.

On Wednesday March 20, 2024, the French competition authority reopened the case, fining Google 250 million euros for "failing to comply with four of its seven commitments" of June 2022. The commitment to negotiate "in good faith on the basis of transparent criteria" with press publishers to agree their remuneration for these rights has not been respected, in particular, the Competition Authority considers.

According to the institution, the penalty was imposed after a settlement procedure, "Google having undertaken not to contest the facts".

For its part, the American giant deemed "the amount of the fine disproportionate to the breaches identified", and deplored the fact that its "efforts" had not been sufficiently taken into account.

Millefeuilles

In July 2021, the French Competition Authority had already fined Google 500 million euros for failing to negotiate "in good faith" with press publishers.

In recent years, Google has signed an agreement with the DVP collective management organization, and two framework agreements: one with the Alliance pour la presse d'information générale (Apig, which represents nearly 300 national, regional and local daily press titles), and another with the Syndicat des éditeurs de la presse magazine (SEPM, which represents 80 publishers with over 400 titles).

AFP had signed a neighboring rights agreement with Google at the end of 2021, which remunerates the agency for five years for its content presented by the American giant, as well as two commercial contracts, also concluded for five years.

According to Google, the agreements cover "more than 450 publications". Amounts are confidential.

Some of these agreements are currently being renegotiated, while others are due to expire shortly.

The new sanction "shows that the Autorité de la concurrence has not given up on the case", said Pierre Louette, CEO of Le Parisien-Les Echos and vice-president of Apig.

"Predation

"Reliable, sourced and trusted information has no price, but it does have a cost. The French Competition Authority reminded Google of this today", said Marina Ferrari, French Secretary of State for the Digital Economy.

For its part, Google has called for "greater clarity" on the type of media concerned, which "has continued to evolve over time".

Beyond traditional media, "comparison sites such as jeuxvideo.com or guides like allocine.fr" are now remunerated, argued the group.

According to him, "almost half of the 15 largest remunerations are paid to publications (...) that do not contribute to 'political and general information'".

"It's now time to clarify who we should pay, and how, so that we can set up a sustainable negotiating framework," asked the American giant.