54 D … GOOGLE LIKELY ABUSED Related rights 3 points ITS DOMINANT POSITION to understand the legal framework At the stage of the investigation of the request for interim measures, the Autorité THE TEXT considered that: The Law of 24 July 2019 transposes the directive on copyright and related rights of 17 April 2019 into French law. • Google was likely to hold a dominant• The practices reported by the complai-It gives press publishers the right to position on the French market for gene-nants could be qualified as an abuse ofauthorise or prohibit the reproduction ral search services, given its market sharea dominant position on several grounds:of their publications by digital (around 90% by the end of 2019) and the platforms. existence of strong barriers to entry and- the imposition of unfair trading conditionsTHE CONTENT IN QUESTION expansion on this market, on account of theon press publishers; The following in particular are significant investment required to develop concerned: excerpts from articles, search engine technology, and to network- circumventing the lawby using free licenses photogps,ographics, videos, and experience effects of such a nature asfor certain content; etc. that are posted by digital platforms to make Google’s position even more difficult within their services (e.g. Google Search, to challenge by competing search engines- discrimination, by imposing a zero remune-Google News and Discover). wishing to expand. ration principle. THE OBJECTIVES OF THE LAW To lay down the conditions for balanced negotiations between digital platforms, press publishers and news agencies in order to redefine the sharing of value and protect the investments made. 90%THE PROPORTION OF TRAFFICREDIRECTED FROM GOOGLETO SOME ACTORS I G I T A L •DIGITAL•DIGTROPER LAUNNA 0202 – erutuf evitisop erom a gniretsoF ITAL •