55 The obligation to negotiate in good faith The Autorité ordered Google as a matter of urgency to "negotiate in good faith" with press publishers and news agencies that so request, and according to transparent, objective and non-discriminatory criteria, the remuneration due to the latter for any reproduction of protected content. This negotiation also had to cover, retroactively, the period starting from the entry into force of the Law on Related Rights, i.e. 24 October 2019. This injunction required that the negotiations actually result in a proposal for remuneration from Google. INTERIM MEASURES IN VIEW OF THE SERIOUS AND IMMEDIATE HARM TO A FRAGILE SECTOR Due to the dominant position that Google of a major crisis in the sector, deprived nitively upheld by the Cour d’appel de Paris is likely to occupy in the general search press publishers and news agencies of a (Paris Court of Appeal) in a ruling dated market, which brings significant traffic to resource considered by the legislator to 8 October 2020. the sites of press publishers and news be vital for the survival of their business, agencies (between 26% and 90% of redi- at the crucial moment when the law came Decision 20-MC-01 of 9 April 2020 rected traffic), press publishers and news into force. To find out more, see our dossier p. 26 agencies had no choice but to accept Goo- The decision taken by the Autorité, in the gle’s display policy without financial com- space of just a few months, demonstrates pensation, as the threat of impaired the ability of competition law tools to inter- display equates to loss of traffic and the- vene effectively on the behaviour of the refore revenue. platforms. The Autorité’s decision was defi- This is why most publishers accepted even more unfavourable conditions for them- selves after the entry into force of the Law on Related Rights than those that were in The next steps force previously. Several decisions are expected In view of these elements, the Autorité in the coming months: found that there was serious and imme- - the proceedings instituted for non- compliance with the interim measures; diate harm to the press sector as a result - the proceedings on the merits. of Google’s conduct, which, in the context ACTIVATING TRANSFORMATION