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EU’s AI Act faces tech giants’ resistance

As the EU finalises its groundbreaking AI Act, major technology firms are lobbying for lenient regulations to minimise the risk of multi-billion dollar fines. The AI Act, agreed upon in May, is the world’s first comprehensive legislation governing AI. However, the details on how general-purpose AI systems like ChatGPT will be regulated remain unclear. The EU has opened the process to companies, academics, and other stakeholders to help draft the accompanying codes of practice, receiving a surge of interest with nearly 1,000 applications.

A key issue at stake is how AI companies, including OpenAI and Stability AI, use copyrighted content to train their models. While the AI Act mandates companies to disclose summaries of the data they use, businesses are divided over how much detail to include, with some advocating for protecting trade secrets. In contrast, others demand transparency from content creators. Major players like Google and Amazon have expressed their commitment to the process, but there are growing concerns about transparency, with some accusing tech giants of trying to avoid scrutiny.

The debate over transparency and copyright has sparked a broader discussion on the balance between regulation and innovation. Critics argue that the EU’s focus on regulation could stifle technological advancements, while others stress the importance of oversight in preventing abuse. Former European Central Bank chief Mario Draghi recently urged the EU to improve its industrial policy to compete with China and the US, emphasising the need for swift decision-making and significant investment in the tech sector.

The finalised code of practice, expected next year, will not be legally binding but will serve as a guideline for compliance. Companies will have until August 2025 to meet the new standards, with non-profits and startups also playing a role in drafting. Some fear that big tech firms could weaken essential transparency measures, underscoring the ongoing tension between innovation and regulation in the digital era.

EU publishers reject Google’s deal offer to settle antitrust case

Google’s advertising business has faced renewed scrutiny in the EU, with a recent proposal to sell its advertising marketplace, AdX, being rejected by European publishers. The tech giant offered the sale to resolve an antitrust investigation by the EU, which accuses Google of favouring its services. The investigation followed complaints from the European Publishers Council, and the European Commission has since charged Google with anti-competitive practices.

Publishers dismissed Google’s offer as insufficient, arguing that the sale of AdX alone would not address the broader conflicts of interest due to Google’s dominance across the entire adtech supply chain. These industry insiders suggest that more drastic measures may be needed to curb Google’s influence, but the EU has not yet demanded such extensive divestments.

Google, meanwhile, maintains that the Commission’s claims are based on a misinterpretation of the competitive nature of the advertising sector. Despite facing similar antitrust trials in the US over its advertising technology, the company continues to defend its business practices, where authorities have called for selling its Ad Manager product.

AdX, which allows publishers to auction unsold ad space to advertisers in real time, has become a key component in the ongoing investigation. The EU antitrust chief Margrethe Vestager previously suggested Google divest additional tools to resolve the issue. However, experts believe the Commission may first issue a simpler ruling to halt Google’s current practices before escalating to demands for asset sales.

With advertising contributing to 77% of Google’s $237.85 billion revenue in 2023, the company’s dominant position in digital advertising remains a central point of contention in the EU and globally.

Qualcomm fined €238.7 million in EU antitrust case

Qualcomm faced another legal setback in the EU as the continent’s second-highest court largely upheld an EU antitrust fine, reducing it slightly to €238.7 million ($265.5 million) from the original €242 million. The fine, imposed by the European Commission in 2019, stemmed from Qualcomm’s practice of selling chipsets below cost between 2009 and 2011—a tactic known as predatory pricing—aimed at driving British competitor Icera, now part of Nvidia, out of the market.

Qualcomm argued that the chipsets in question only accounted for a small fraction (0.7%) of the market, making it unlikely they could have effectively blocked competitors. However, the General Court in Luxembourg dismissed most of the company’s claims, apart from a minor point regarding the fine’s calculation, which led to a slight reduction.

The ruling marks another chapter in Qualcomm’s legal battles with the EU. While the company can appeal on legal grounds to the EU Court of Justice, it has already experienced mixed results in the European courts. In 2021, Qualcomm overturned a separate €997 million fine, which had been levied for paying Apple billions to exclusively use its chips in iPhones and iPads from 2011 to 2016.

For now, the EU’s watchdog continues to pursue antitrust enforcement in the tech sector, with Qualcomm remaining a key target in its efforts to curb anti-competitive behaviour.

Google overturns €1.49 billion antitrust fine in EU court

Google secured a significant victory on Wednesday, overturning a €1.49 billion ($1.66 billion) fine imposed by the European Commission in 2019. The fine, levied over antitrust violations, accused Google of abusing its dominance in online search advertising by restricting websites from using advertising brokers other than its AdSense platform. These practices, deemed illegal by the Commission, were said to have spanned from 2006 to 2016.

The General Court of Luxembourg, while agreeing with most of the European Commission’s findings, annulled the hefty fine. The judges ruled that the Commission had not fully considered all factors, particularly the duration of the unfair contractual clauses, which played a critical role in overturning the penalty. Despite the annulment, the ruling upheld many of the Commission’s assessments, but the financial punishment did not hold.

The fine was one of three that have cost Google a combined total of €8.25 billion in antitrust penalties, triggered by complaints from rivals such as Microsoft. Google noted that it had already revised the contracts in question in 2016 before the Commission’s decision.

The legal victory for Google comes just a week after it lost a separate case involving a €2.42 billion fine for unfairly promoting its price comparison service. While the battle over its advertising practices may have seen a favourable outcome, the tech giant’s ongoing legal challenges in Europe reflect the broader scrutiny facing major digital platforms across the continent.

EU to fine Meta over anti-competitive practices

Facebook’s owner company, Meta, is bracing for a substantial fine from the European Union, according to sources familiar with the matter. The penalty stems from allegations that Meta is leveraging its dominance in social networking to stifle competition in the classified advertising sector. The company’s practice of linking its free Marketplace service with Facebook has raised concerns among the EU regulators, who view this strategy as an attempt to edge out rivals.

The decision is expected as soon as next month, and it could be one of the final significant moves overseen by the EU’s current competition chief, Margrethe Vestager, before her departure. The investigation into Meta’s business practices marks a continuation of the EU’s broader efforts to crack down on the monopolistic behaviour of tech giants.

Currently, neither Meta nor the EU regulators have commented on the looming decision. However, this case could signal a more stringent approach to maintaining a level playing field in the digital marketplace, where tech companies have long held considerable power. The ruling could have substantial financial and operational consequences for Meta, potentially setting the tone for future regulatory actions in the tech industry.

Intel’s $1.91 billion Polish investment gets EU approval

The European Commission has approved Poland’s plan to provide Intel with more than 7.4 billion zlotys ($1.91 billion) in state aid to support the development of a new chip assembly and testing plant. This significant investment aligns with the EU’s Chips Act, which aims to increase Europe’s share of the global chip market to 20% by 2030. Intel intends to invest up to $4.6 billion in the facility near Wroclaw, Poland, and it is expected to boost economic growth and technological advancement in the region.

Poland’s Deputy Prime Minister Krzysztof Gawkowski confirmed that the aid package would span 2024-2026, while additional legislation is required before finalising the deal. The government expects the process to be completed by the end of this year, enabling construction to begin soon after. This investment represents the largest of its kind in Poland in decades, promising to strengthen its economy and technological sector.

Meanwhile, Intel is also pursuing a $33 billion chip manufacturing project in Germany, but this venture has faced delays. Despite Intel’s ongoing cost-cutting efforts, Polish officials remain confident that their country’s investment plans with Intel will proceed as scheduled. This partnership is seen as a critical step toward securing Poland’s role in the global semiconductor supply chain and attracting further high-tech investments.

Elon Musk’s X may sidestep EU’s big tech regulations

Elon Musk’s social media platform, X, is likely to avoid being subjected to the EU’s stringent new tech regulations aimed at curbing the power of Big Tech. The company is expected to fall outside the scope of the Digital Markets Act (DMA), which imposes strict rules on firms that act as key intermediaries between businesses and consumers.

The European Commission investigated X in May, exploring whether the platform met the criteria to be classified as a ‘gatekeeper’ under the DMA. To qualify, a company must have over 45 million active users and a market capitalisation of at least €75 billion. Gatekeepers must open their messaging apps to rival services, allow users more control over pre-installed apps, and avoid giving preferential treatment to their products.

X has argued that it does not serve as a critical gateway between businesses and consumers, distancing itself from the obligations set by the DMA. While the investigation remains ongoing, the Commission has not provided further comment on its findings.

However, X faces more pressing issues under the EU’s newly implemented Digital Services Act (DSA), which requires large platforms to actively combat harmful or illegal content or face significant fines—up to 6% of their global turnover. X is under scrutiny as part of several ongoing investigations related to its compliance with the DSA.

EU scrutinises Google over AI model data use

Ireland’s Data Protection Commission (DPC), the leading privacy watchdog for many US tech firms in the EU, is investigating Google’s handling of user data. The inquiry will examine whether Google sufficiently protected the personal information of the EU citizens before using it to develop its advanced AI model, Pathways Language Model 2 (PaLM 2). The investigation is part of a broader effort by the DPC, working alongside other EU regulators to ensure compliance with data protection laws, especially in developing AI technologies.

Why does this matter?

The investigation is the fruit of growing concerns in the EU over how tech giants handle personal data, particularly in the context of AI, which relies heavily on large datasets. The DPC’s inquiry into Google’s data practices follows a recent agreement by social media platform X (formerly known as Twitter) not to use personal data from the EU users for AI training without first offering them the option to withdraw consent.

EU court rules against Apple’s tax deal and Google’s market practices

In a significant victory for European regulators, the EU’s top court upheld rulings against Apple and Google, marking key moments in the ongoing battle against Big Tech. Margrethe Vestager, the EU’s antitrust chief, has been at the forefront of efforts to challenge multinational companies benefiting from tax deals and engaging in anti-competitive behaviour. On Tuesday, the courts sided with her in two major cases involving Apple’s tax deal with Ireland and Google’s market practices.

The Apple case, which dates back to 2016, revolved around 13 billion euros ($14.4 billion) in back taxes. The European Commission argued that Apple’s arrangement with Ireland allowed the tech giant to pay an artificially low tax rate, at times as low as 0.005%. The Luxembourg-based Court of Justice agreed, confirming that Apple had received unlawful state aid and Ireland must recover the amount. Apple expressed disappointment, arguing that its income had already been taxed in the US and that the EU was attempting to change the rules retroactively.

Ireland, too, had challenged the ruling despite benefiting from the corporate taxes of large tech companies. The country’s low tax rates had attracted giants like Apple to establish European headquarters there. However, in a shift that signals broader changes in global tax policy, Ireland has since agreed to align with new international tax standards, even though its multinational tax take continues to grow.

On the same day, the European Court also ruled against Google in a separate antitrust case. In 2017, the European Commission fined Google 2.42 billion euros for abusing its market dominance by promoting its shopping service over smaller European rivals. Google appealed the decision but was met with a firm rejection. The court ruled that Google’s practices were discriminatory and did not constitute fair competition on the merits. Google, like Apple, voiced disappointment with the decision, though it claimed to have changed its business practices since the original ruling.

The ruling adds to the 8.25 billion euros in antitrust fines Google has accumulated in Europe over the past decade. The company continues to face scrutiny, with ongoing cases related to its Android operating system and AdSense advertising platform and an investigation that could lead to selling parts of its adtech business.

Why does this matter?

The decisions against Apple and Google reflect a broader movement within Europe to challenge the power of Big Tech. These cases are part of a growing trend where governments seek to hold multinational companies accountable for their tax practices and market behaviours. Other major corporations, such as IKEA and Nike, are also under investigation for their tax arrangements as regulators across the globe attempt to reshape the corporate landscape and foster a fairer competitive environment.

Google loses appeal over €2.42 billion EU fine

Google has lost its appeal against a €2.42 billion fine imposed by the EU over antitrust violations. The European Commission initially penalised Google in 2017 for giving its price comparison service an unfair advantage over smaller competitors. Despite challenging the decision, the Luxembourg-based Court of Justice of the EU upheld the ruling, emphasising that while dominance is not illegal, its abuse to hinder competition is prohibited.

The fine is part of a larger pattern for Google, which has faced fines totalling €8.25 billion over the last decade for various antitrust violations. Two additional cases involving Google’s Android system and AdSense are still pending decision. At the same time, a separate investigation threatens to force the tech giant to sell off part of its advertising technology.

The ruling highlights the EU’s firm stance on competition as regulators continue to scrutinise the practices of dominant tech companies like Google.