The Federal Cartel Office has concluded the proceedings initiated against Google and Alphabet in June 2021 in connection with the online news service “Google News Showcase”, after Google made a number of adjustments that the Cartel Office considered important to the advantage of the publishers.
Benefits and remuneration only for selected partners
Google News Showcase is a news service from Google that gives publishers the opportunity to display publisher content within the framework set by Google, which means that this content is placed more prominently in certain Google services. The publishers decide for themselves which content they select for this purpose. In Germany, Google's offer is still not available to all publishers, but Google has only approved selected publishers – ComputerBase itself has repeatedly asked Google for approval for Google News Showcase, which has always been rejected. In the past, this has raised the question of whether Google treats publishers equally, since only selected publishers are granted access to the individual presentation of their own offerings and only these are paid by Google.
Because even if figures are not made public, publishers participating in the Google News Showcase should receive a five- to six-digit amount every month, depending on their size – sales in which non-licensed publishers cannot even participate due to the unequal treatment and the imbalance between large and small Publications tightened.
News Showcase without influence on ancillary copyright
In the concluded contracts, Google is said to have granted itself the right to stop payments from the program if a publisher asserts claims from the ancillary copyright. This topic also played a role in the Bundeskartellamt's proceedings, because the dispute over appropriate remuneration for publishers is ongoing and the collecting society Corint Media and three publishers' associations had made further allegations against Google in connection with the antitrust proceedings relating to Google News Showcase. These allegations related mainly to the issue of appropriate remuneration for the published products used by Google (press ancillary copyright). For the time being, the Bundeskartellamt has refrained from carrying out a detailed examination and from intervening in this regard for reasons of discretion. Referring to the prohibition of discrimination, the Bundeskartellamt persuaded Google to offer Corint Media remuneration for the press ancillary copyright that was at least at the level of the license agreements concluded individually between Google and individual publishers. Arbitration proceedings have now been sought at the German Patent and Trademark Office for the question of the appropriate amount of remuneration for the ancillary copyright.
Adjustments for Google News Showcase
With regard to Google News Showcase, the Federal Cartel Office had expressed concerns that comparable offers from other providers could be crowded out by Google News Showcase. As part of the proceedings with the Federal Cartel Office, Google has therefore signaled that it will refrain from plans to integrate Showcase into the general Google search. In addition, the participation or non-participation of a publisher in Showcase will not be relevant for the ranking of the search results in the future either. In addition, participation should not make it more difficult for publishers to assert their general press ancillary copyright. Google has made it clear that it is also possible for showcase partners to have the ancillary copyright administered collectively by a collecting society or to exercise it themselves.
In addition, Google News Showcase is to be opened to other publishers in the future – it is not yet known when this will happen and which publishers will then be able to participate. Other actions Google will take over the next few weeks include a more detailed explanation of how it works and the requirements for publishers to participate in Showcase. The aim is to work towards non-discriminatory access to the platform, the details of which are then subject to media supervision under the Interstate Media Treaty.
The Federal Cartel Office explains that this development will continue after the conclusion of the procedure follow up and follow up on any complaints from rejected publishers.