Re:European Commission fines Google €2.42B for abusing domin...
by zAy0LfpBZLC8mAC on Tuesday June 27, 2017 @07:05AM
(#14644192)
The primary criteria is the damage it causes to society, there is absolutely nothing arbitrary about it. It just so happens that if you are not a (quasi-)monopoly, you just cannot cause the kind of damage a monopoly can, no matter how hard you try, and if you don't cause any damage, you won't be fined.
Note, it's not illegal per se. It's not illegal because of a de jure monopoly. It's not even illegal because of the number of users they have. It's illegal because Bing, Yahoo et al are not as relatively successful.
It was the same with browsers. Microsoft were hit for bundling. Apple haven't been though they've done identically the same thing. Why? Because enough people bought Android phones in the EU.
I do find it dubious that, effectively, the primary criteria for illegality is not what the defendant did but what some other actors didn't do. Seems wrong to me.