European Mobile Application Distribution Agreement
April 9th, 2021
April 9th, 2021
“Devices can only be distributed if all Google applications [mentioned elsewhere in the agreement] … on the device are pre-installed. See MADA, Section 2.1. The EC does not dispute the fairness of Google`s victories to this point, or that the company deserves its current leadership position. While google identifies “significant financial incentives” for mobile phone manufacturers and operators, the EC does not challenge these incentives per se. The regulators` dispute lies in the conditions Google attaches to the financial benefits google offers to its contractual partners. In Europe, the competitive impact is that Google is the last arbiter of the Android app – the whole problem depends on the Play Store and Google`s control over who can access it. It`s possible, though unlikely. After years of investigation, the EC decided in 2009 that Microsoft should provide a browser choice for users who install new Windows computers, which was seen as an effective competition for bundled EI. The same could theoretically happen with Google and its Android apps, although this is still a long way off given the early phase of this survey. Google`s method of ensuring that its applications and the search for Android partners are grouped together is much more complex and nuanced, and the case is further complicated by the lack of clear competitive alternatives. The ideal outcome for the EC would likely be a negotiated agreement with Google, in which the Mountain View firm would relax its licensing rules to allow device manufacturers to also bring together competing software and search services.
5. Privacy and advertising.5.1 Privacy. (a) definition. “confidential information,” information that is disclosed by one party to the other in this agreement and is considered confidential or normally considered, in the circumstances, to be confidential information provided by the revealing party. Confidential information does not contain information that the recipient already knew, that becomes public without fault of the recipient, that has been developed independently of the recipient or which, quite rightly, has been provided to the recipient by another party. In addition, confidential information does not contain requests from companies submitted for distribution or information transmitted under the application`s transmission guidelines (see section 2.3). b) confidentiality obligations. The recipient will not disclose confidential information, except for affiliates, employees and agents who must know it and who have agreed in writing to keep it confidential. The recipient, his companies, employees and associate agents may only use confidential information for the exercise of rights and the performance of the obligations under this Agreement, while exercising due diligence to protect them.
The recipient may also disclose confidential information if required by law, after proper disclosure.5.2 Advertising. Neither party may make public statements about the other party without the other party`s prior written consent, unless such information is to be disclosed in accordance with the law, by judicial decision or by a competent government authority, provided that the other party immediately informs the other party in writing and cooperates with the other party. , at the request and expense of the other party, to challenge or limit the scope of this necessary advertising. The vast majority of Android smartphones sold in the EU come preinstalled with Google`s own web search, making it a standard and often unique option. Most of them also have a folder containing Google apps, which are prominently displayed on the home screen and see users for the first time after setting up a device. Google Maps, YouTube, chrome browser and a variety of other Google services welcome almost all European Android neophytes. This is a precondition for the Mobile Application Distribution Agreement (MADA), which google has signed with Android phone manufacturers. In essence, this means that those who wish to sell a