Google Drops Microsoft Antitrust Case After EU Opens Probe

The cloud computing landscape is witnessing a significant shift as Google has withdrawn its antitrust complaint against Microsoft in the EU. This move, while seemingly a concession, strategically repositions Google in light of the EU’s ongoing investigation into Microsoft’s Azure cloud business. The impending impact of the Digital Markets Act (DMA) is a key factor driving this change.

This decision isn’t an admission of defeat by Google. Instead, it’s a calculated move to leverage the regulatory power of the EU. According to Giorgia Abeltino, senior director of government affairs at Google Cloud Europe, the initial complaint was intended to give voice to our customers and partners about the issue of anticompetitive cloud licensing practices. Google is maintaining its stance but now relies on the European Commission to take the lead in addressing these concerns.

The DMA aims to limit the influence of large technology companies that act as gatekeepers within the digital economy. While certain Microsoft services, such as Windows, are already subject to the DMA, applying it to cloud services presents a more complex challenge.

The EU’s investigation is critical because it will determine whether Azure and Amazon Web Services (AWS) meet the criteria for DMA scrutiny. These criteria usually involve turnover and the number of active users, but quantifying users for cloud providers that operate through commercial contracts is a difficult task.

Why the Shift?

Google’s decision to drop its complaint indicates a strategic change in approach. Instead of directly challenging Microsoft through antitrust channels, Google is now depending on the EU to potentially create a level playing field under the DMA.

This strategy offers several advantages. Firstly, it shifts the responsibility of proving and investigating the case to the European Commission, a strong regulatory body. Secondly, it enables Google to avoid the potentially lengthy and expensive process of pursuing its own antitrust case.

Microsoft has not commented on the situation, which is understandable considering the EU’s ongoing investigation. The company previously resolved a dispute with cloud industry association CISPE, indicating a willingness to address concerns related to its cloud licensing practices.

The Commission has stated it can use the DMA to examine companies acting as key intermediaries between businesses and consumers, even if they don’t meet the standard thresholds. This broad interpretation of the DMA could have major implications for cloud providers like Microsoft and Amazon.

“We filed our antitrust complaint with the European Commission to give voice to our customers and partners about the issue of anticompetitive cloud licensing practices,” said Giorgia Abeltino, underscoring Google’s ongoing commitment to addressing these concerns.

Ultimately, this situation highlights the increasing significance of regulatory oversight in the cloud computing market. The EU’s investigation and the DMA have the potential to reshape the competitive landscape, possibly creating new opportunities for smaller participants and encouraging greater innovation. The effects of this regulatory scrutiny will likely extend beyond Europe, influencing how cloud services are offered and used worldwide.