'Google OS Gapjil' Sanctions to Be Concluded Next Month

Fair Trade Commission to Hold 3rd Deliberation on September 1 and Reach Final Conclusion

[Sejong=Asia Economy Reporter Joo Sang-don] The Fair Trade Commission's final decision on the allegation that Google forced smartphone manufacturers such as Samsung to use only Android by abusing its dominant market position will be announced next month.

The Fair Trade Commission announced on the 5th that it plans to make a final conclusion on the Google Android operating system (OS) case after a plenary meeting on September 1.

The Fair Trade Commission held two plenary meetings on May 12 (1st) and July 7 (2nd) to determine whether Google abused its dominant position in the mobile OS and Android app market to block competitors' market entry.

An official from the Fair Trade Commission explained, "The reason for conducting three rounds of deliberations is to provide Google with sufficient time to exercise its right to defense," adding, "Also, since the acts in this case occurred over a long period targeting the global market and involve many complex issues that need to be reviewed to determine legality, it is necessary to discuss them in depth."

During the previous two rounds of deliberations, presentations (PT) by Google and examiners, testimonies from witnesses (economists), and questions from commissioners were conducted on numerous issues related to the scope of the relevant market, the presence or absence of intent and purpose to restrict competition, and whether competition-restricting effects occurred.

While the first two deliberations mainly focused on the mobile sector, the upcoming third deliberation will primarily discuss market definition and competition restriction issues in other smart device sectors such as smartwatches and smart TVs.

This case is the first to apply the limited data room system (Korean-style data room) introduced by the Fair Trade Commission to expand corporate access to evidence. In December 2020, the Fair Trade Commission established the "Guidelines for Viewing and Copying Data," which introduced the limited data room system allowing representatives of the investigated companies to review and rebut non-public evidence considered trade secrets of other companies. During the third deliberation, a separate hearing related to the non-public evidence subject to limited data room access will also be conducted.