Google Scores Partial Victory in Android Antitrust Case in India

The logo of Google LLC is seen at a Google Store in New York City, US, January 20, 2023. (Reuters)
The logo of Google LLC is seen at a Google Store in New York City, US, January 20, 2023. (Reuters)
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Google Scores Partial Victory in Android Antitrust Case in India

The logo of Google LLC is seen at a Google Store in New York City, US, January 20, 2023. (Reuters)
The logo of Google LLC is seen at a Google Store in New York City, US, January 20, 2023. (Reuters)

An Indian tribunal on Wednesday gave partial relief to Alphabet Inc's Google by setting aside four of 10 antitrust directives in a case related to abuse of its dominant position in Android.

The Competition Commission of India (CCI) said in October that Google had exploited its dominant position in Android and told it to remove restrictions imposed on device makers, including related to pre-installation of apps. It also fined Google $161 million.

An Indian appeals tribunal on Wednesday said CCI's findings of Google's anti-competitive conduct were correct and the company was also liable to pay the fine, but it quashed four of the 10 antitrust remedies that had been imposed on Google to change its business model.

Among the reliefs, Google will now not need to allow hosting of third-party app stores inside Play Store, as had been previously ordered by the CCI.

The move will come as some relief for Google after India's Supreme Court in January refused to suspend any of the antitrust remedies ordered last year. The top court had asked the tribunal to hear the case on merit and rule by March end.

Google has been concerned about India's Android decision as the directives were seen as more sweeping than those imposed in the European Commission's landmark 2018 ruling against the operating system.

It has said "no other jurisdiction has ever asked for such far-reaching changes", and repeatedly argued that the growth of its Android ecosystem will stall in India due to the decision.



Italy Fines OpenAI over ChatGPT Privacy Rules Breach

The Italian watchdog also ordered OpenAI to launch a six-month campaign on Italian media to raise public awareness about how ChatGPT works - Reuters
The Italian watchdog also ordered OpenAI to launch a six-month campaign on Italian media to raise public awareness about how ChatGPT works - Reuters
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Italy Fines OpenAI over ChatGPT Privacy Rules Breach

The Italian watchdog also ordered OpenAI to launch a six-month campaign on Italian media to raise public awareness about how ChatGPT works - Reuters
The Italian watchdog also ordered OpenAI to launch a six-month campaign on Italian media to raise public awareness about how ChatGPT works - Reuters

Italy's data protection agency said on Friday it fined ChatGPT maker OpenAI 15 million euros ($15.58 million) after closing an investigation into use of personal data by the generative artificial intelligence application.

The fine comes after the authority found OpenAI processed users' personal data to "train ChatGPT without having an adequate legal basis and violated the principle of transparency and the related information obligations towards users".

OpenAI said the decision was "disproportionate" and that the company will file an appeal against it.

The investigation, which started in 2023, also concluded that the US-based company did not have an adequate age verification system in place to prevent children under the age of 13 from being exposed to inappropriate AI-generated content, the authority said, Reuters reported.

The Italian watchdog also ordered OpenAI to launch a six-month campaign on Italian media to raise public awareness about how ChatGPT works, particularly as regards to data collection of users and non-users to train algorithms.

Italy's authority, known as Garante, is one of the European Union's most proactive regulators in assessing AI platform compliance with the bloc's data privacy regime.

Last year it briefly banned the use of ChatGPT in Italy over alleged breaches of EU privacy rules.

The service was reactivated after Microsoft-backed OpenAI addressed issues concerning, among other things, the right of users to refuse consent for the use of personal data to train the algorithms.

"They've since recognised our industry-leading approach to protecting privacy in AI, yet this fine is nearly twenty times the revenue we made in Italy during the relevant period," OpenAI said, adding the Garante's approach "undermines Italy's AI ambitions".

The regulator said the size of its 15-million-euro fine was calculated taking into account OpenAI's "cooperative stance", suggesting the fine could have been even bigger.

Under the EU's General Data Protection Regulation (GDPR) introduced in 2018, any company found to have broken rules faces fines of up to 20 million euros or 4% of its global turnover.