By Tom Fairless
BRUSSELS--This city of bureaucrats has become a place of
pilgrimage for West Coast technology firms.
From Amazon.com Inc. to Uber Technologies Inc., the giants of
Silicon Valley are bulking up in the European Union's de facto
capital, hiring lobbyists and jostling for the favor of the Web's
most ambitious regulators.
Smaller U.S. firms are showing up, too, drawn by a muscular
antitrust agency that has meted out billions of dollars in fines to
tech giants such as Intel Corp. and Microsoft Corp.
Google Inc., which is under particular pressure in Brussels,
more than doubled its outlays on lobbying of EU institutions last
year from 2013, according to figures disclosed publicly in an EU
database.
EU regulators this spring accused Google of skewing results to
favor its comparison-shopping service, and demanded it change how
its search engine functions. The company is also facing a second EU
antitrust inquiry over its control of the Android mobile-operating
system, which powers roughly three-quarters of the world's
smartphones.
The battles being fought out in Brussels could determine the
future shape of the Internet and help decide competitive struggles
among companies based halfway across the world.
"Brussels is the most important place in the world from a tech
policy standpoint," said Luther Lowe, head of public policy at
business-review website Yelp Inc. in San Francisco, which has filed
a separate complaint with EU authorities over Google's search
practices. Mr. Lowe said he has spent seven months of the past two
years in Belgium's capital, and recently appointed a full-time
lobbyist here.
Casey Oppenheim, a San Francisco-based Internet entrepreneur,
planned his family vacation this year around a trip to Brussels.
Mr. Oppenheim filed a complaint here in June alleging that Google
had unfairly pulled a privacy application created by his firm,
Disconnect Inc., from its Play mobile app store last year. Google
said the app, which aims to stop other apps from collecting data on
users, violated a policy prohibiting software that interferes with
other apps. Disconnect is available on Apple Inc.'s iOS App Store,
Mr. Oppenheim said.
At a time when Europe often struggles to project power beyond
its own borders--and even within them--its muscular Internet policy
stands out.
In the past four months alone, the EU became the first regulator
in the world to file antitrust charges against Google; it opened
several major inquiries into possible abuses by U.S. search engines
and price-comparison websites; and it pushed ahead with antitrust
probes into companies including Amazon and Qualcomm Inc. The tax
affairs of Apple and Amazon are under scrutiny in Brussels, and EU
policy makers are putting the finishing touches to a tough new
data-privacy regime that they hope to establish as a global
standard.
Faced with that onslaught of scrutiny, U.S. firms are staffing
up.
Google, Microsoft and IBM Corp. are among the top 10 companies
in Brussels by the number of high-level meetings with the EU's
executive branch since December, according to data compiled by
Transparency International, an anticorruption organization. That
puts them ahead of giant European firms like BP PLC and Deutsche
Telekom AG.
Google last week sent its formal response to the EU's antitrust
charges regarding its comparison-shopping service. The company
argued that regulators had erred in their analysis of the
fast-changing online-shopping business, misconstrued Google's
impact on rival shopping-comparison services and failed to provide
sufficient legal justification for its demands.
The EU will now consider Google's response before making a final
decision, which could take another 18 months or more. It could fine
Google up to 10% of its global annual revenue if it judges the
company to have violated EU law, and impose immediate injunctions
on its business practices. Google could then challenge the ruling
in European courts, a process that could last many years.
In the U.S., regulators closed their own investigation into
Google's search practices two years ago after the company agreed to
voluntary changes.
The EU's decision to file charges against Google has encouraged
entrepreneurs like Mr. Oppenheim to seek redress in Brussels. His
lawyer, Gary Reback, who is based in Menlo Park, Calif., said he
frequently advises clients to fly nine time zones rather than catch
a taxi to the U.S. Federal Trade Commission's offices in San
Francisco.
John Lapham, general counsel at Seattle-based Getty Images, said
he has visited Brussels twice this year. Getty, the world's largest
photo agency, complained to EU antitrust officials earlier this
year that Google had unfairly favored its own image-search service
over rivals.
"A lot of U.S. companies are pleading their case in Brussels
because we have big customer bases in the EU...and Brussels is the
only spot on the planet right now that has the willpower to stand
up to Google," Mr. Lapham said.
For an institution that lacks the ability to raise and spend
taxes, antitrust policy has long been the sharpest weapon in
Brussels's armory. It has been used aggressively since the 1950s to
smash down national barriers to a single European market for goods
and services.
A history of battling national governments and entrenched
interests has left the EU with few qualms about taking on the most
powerful companies.
By contrast, U.S. antitrust cops stepped back from some tough
enforcement measures over the past decade, lawyers say. A turning
point, they say, was a decision by the U.S. Department of Justice
in Sept. 2001 to drop an aggressive plan to break up Microsoft.
Meanwhile, the EU has slapped the Redmond, Wash. software giant
with some EUR2.2 billion ($2.5 billion) in fines.
Unlike U.S. regulators, the EU doesn't need to prove antitrust
cases before a court--because it is itself the judge--and the
bloc's appeals courts in Luxembourg have rarely overturned its
decisions. Brussels is also under a greater obligation to consider
all complaints made against companies like Google, or explain why
it has rejected them, EU and U.S. officials say.
China's competition authority is seen as a future powerhouse
that could eventually rival Brussels and Washington--and something
of a wild card given its broad focus on industrial policy goals.
But antitrust enforcement is still in its infancy in China, and
U.S. Internet firms are less present given the country's focus on
building homegrown rivals to firms like Google and Amazon.
Crucially, concerns around the use of personal data by large
Internet firms are much more prevalent in Europe, particularly in
mighty Germany. Those concerns have intensified since Edward
Snowden's revelations of widespread surveillance of European
citizens by U.S. security services.
Yet the EU's assertiveness in an online world that is dominated
by U.S. names is fraught with risks. Besides concerns about
protectionism raised by President Barack Obama and others, Internet
firms worry that Brussels might end up as final arbiter for the
global Internet.
"It's unusual to have Europe serving as a proxy for U.S.
companies," said Tim Wu, a former adviser to the FTC who is known
for coining the phrase "net neutrality," the principle that
Internet service providers should enable access to all content
equally.
Back in San Francisco, Mr. Oppenheim says he feels a lot better
for his trip to Europe. "People are very receptive," he said.
"There's a general understanding that the Internet is a global
entity. If the EU regulates...it doesn't just impact the EU."
Write to Tom Fairless at tom.fairless@wsj.com
Subscribe to WSJ: http://online.wsj.com?mod=djnwires
(END) Dow Jones Newswires
September 02, 2015 05:44 ET (09:44 GMT)
Copyright (c) 2015 Dow Jones & Company, Inc.
Alphabet (NASDAQ:GOOG)
Historical Stock Chart
From Mar 2024 to Apr 2024
Alphabet (NASDAQ:GOOG)
Historical Stock Chart
From Apr 2023 to Apr 2024