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0 pointsDenisM7y ago0 comments

Both punitive and compensatory/reparation measures habevtgeir place.

0 comments

It's a matter of proportionality. A punishment that is the economic equivalent of the destruction of a small city is proportional to something on the order of mass murder, not the prominence of certain information on a company's web page.

Radle7y ago

If a company creates damages exceeding billions of dollars, it's quite obvious that they should receive penalty worth billions of dollars.

That's basic proportionality.

AnthonyMouse7y ago

> If a company creates damages exceeding billions of dollars, it's quite obvious that they should receive penalty worth billions of dollars.

That is entirely tautological. It omits the reasoning under which that spectacular amount of irreparable damages have actually occurred to consumers.

"They have a lot of money and we would like to have that" is not a valid method of calculating damages.

Joeri7y ago

From the press release:

the fine has been calculated on the basis of the value of Google's revenue from search advertising services on Android devices in the EEA.

In other words, Google had an unfair advantage for search on android devices and leveraged that into revenue. The fine is a percentage of that ill-gotten revenue.

There’s an official guideline for calculating damages when anticompetitive behavior is found: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52...

1 more reply

cuban-frisbee7y ago

It may not be a reasonable way of calculating damages but it is a reasonable way of punishing wrong doing.

j / k navigate · click thread line to collapse

0 comments

AnthonyMouse7y ago

Radle7y ago

If a company creates damages exceeding billions of dollars, it's quite obvious that they should receive penalty worth billions of dollars.

That's basic proportionality.

AnthonyMouse7y ago

> If a company creates damages exceeding billions of dollars, it's quite obvious that they should receive penalty worth billions of dollars.

That is entirely tautological. It omits the reasoning under which that spectacular amount of irreparable damages have actually occurred to consumers.

"They have a lot of money and we would like to have that" is not a valid method of calculating damages.

Joeri7y ago

From the press release:

the fine has been calculated on the basis of the value of Google's revenue from search advertising services on Android devices in the EEA.

In other words, Google had an unfair advantage for search on android devices and leveraged that into revenue. The fine is a percentage of that ill-gotten revenue.

There’s an official guideline for calculating damages when anticompetitive behavior is found: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52...

1 more reply

cuban-frisbee7y ago

It may not be a reasonable way of calculating damages but it is a reasonable way of punishing wrong doing.

j / k navigate · click thread line to collapse