http://europa.eu/rapid/press-release_IP-16-1492_en.htm (fifth paragraph)
But for this case, they are using a definition that makes Android even more dominant: they allege that Google restricts device manufacturers' freedoms. And from a device manufacturer point of view, Android has a 90+% market share of "licensable smart mobile operating systems", with "licensable" being key: as a device manufacturer, you cannot use iOS, so that doesn't count if you buy into this line of argument:
[1]: http://gs.statcounter.com/os-market-share/mobile/united-king...
[2]: http://gs.statcounter.com/os-market-share/mobile/liechtenste...
[3]: http://gs.statcounter.com/os-market-share/mobile/monaco
It gets much worse depending on the country:
- has required manufacturers to pre-install the Google Search app and browser app (Chrome), as a condition for licensing Google's app store (the Play Store);
- made payments to certain large manufacturers and mobile network operators on condition that they exclusively pre-installed the Google Search app on their devices; and
- has prevented manufacturers wishing to pre-install Google apps from selling even a single smart mobile device running on alternative versions of Android that were not approved by Google (so-called "Android forks").
This is the most clearly anti-competitive practice.
Google supports AOSP and has done so for years, making it available freely. Why shouldn't they be able to dictate their own terms? If phone makers don't like it, they can make their own OS (which they have - and they all suck).
> Market dominance is, as such, not illegal under EU antitrust rules. However, dominant companies have a special responsibility not to abuse their powerful market position by restricting competition, either in the market where they are dominant or in separate markets.
> Google has engaged in three separate types of practices, which all had the aim of cementing Google's dominant position in general internet search.
Using your reasoning, Microsoft could never have had a monopoly on Windows because you always could have bought a Mac.
You can't define a monopoly as "your competitors aren't popular" because otherwise it'd be illegal to invent new product categories, as at the start you'd be the only player in the new space. You can't define it that way for another reason: it punishes success.
> Nevertheless, the Commission investigated to what extent competition for end users (downstream), in particular between Apple and Android devices, could indirectly constrain Google's market power for the licensing of Android to device manufacturers (upstream). The Commission found that this competition does not sufficiently constrain Google upstream for a number of reasons, including:
They are not punished for their behavior in the downstream market (in which they barely participate). They are punished for their behavior in the upstream market. We consumers do not participate in the upstream market.
Nevertheless, the EU commission considered whether the lack of a monopoly in the downstream market ameliorated the monopoly effects in the upstream market and found it did not.
There are.other mobile OSes available as well. I'm sure Microsoft will gladly let you use their OS for the right price, KaiOS, Ubuntu phone OS could be resurrected, you could role your own, I'm sure Symbian is for sale somewhere, how about Meego.
