An article on TechCrunch discusses the question, whether or not it would be good for a company to provide the default program or app on a mobile device? The bone of contention: Facebook Home. How about the legal aspects of such a “monopoly” position under European competition law?
As we know, the European Commission recently imposed a € 561 million fine on Microsoft for not implementing a screen for its Windows users, where they could choose their preferred web browser. In the eyes of the Commission’s Vice President in charge, Joaquín Almunia, the company did not comply with a legally binding from December 2009. Back then, Microsoft committed itself for 5 years to offer Windows users a “choice screen”, after competition concerns were raised and investigations related to the tying of Microsoft’s web browser, Internet Explorer, to its dominant client PC operating system Windows took place. Could Facebook also get on the radar of the EU competition watchdogs?