Google Loses Antitrust Case: UK Couple Wins $2 Billion
By: Zulekha Nishad | Updated On: October 29, 2024
Table of Contents
Shivaun and Adam Raff’s 15-Year Battle Sparks a Landmark Shift in Big Tech Accountability.
In 2006, Shivaun and Adam Raff were two tech innovators with a bold idea: Foundem, a price comparison website that could revolutionize online shopping.
They built it from scratch, left stable jobs, and went all in, confident their platform could help consumers find the best deals online, from flights to electronics. But almost immediately after their launch, something went terribly wrong. Foundem all but disappeared from Google’s search results, plummeting their new venture into near-oblivion.
What started as a small business setback quickly turned into a fight for justice that would last 15 years, culminating in a €2.4 billion ($2 billion) fine for Google in one of the most consequential rulings against Big Tech to date.
For Shivaun and Adam, the battle was never just about their company but about creating a fair digital marketplace where every business could compete on a level playing field.
The Launch that Became a Nightmare
Foundem’s launch was a moment the Raffs had eagerly awaited, but their dream quickly unraveled. Almost as soon as the site went live, it vanished from Google search results.
The Raffs initially thought this was a mistake—perhaps an error by one of Google’s automatic spam filters. They assumed a simple appeal would fix the issue. However, when their requests to Google were ignored, their frustration grew.
Foundem performed well on other search engines, but Google’s visibility was essential. As Adam put it, “If you’re denied traffic, then you have no business.”
Over the next two years, the Raffs made numerous attempts to communicate with Google, hoping for a resolution. But each appeal went unanswered. They could see other sites ranking normally for price comparison services, yet Foundem remained effectively invisible on Google.
From Ignored Emails to European Courts
By 2010, after years of silence from Google, the Raffs decided to escalate. They brought their case to regulators across Europe and the U.S., hoping to prompt an investigation. Their persistence paid off when the European Commission (EC) took up the case, initiating an antitrust investigation into Google’s practices. The findings confirmed what the Raffs had suspected: Google was actively promoting its own shopping services over those of competitors, effectively making Foundem and other similar services invisible to consumers.
The investigation revealed that Google had abused its dominant position in the search market, unfairly favoring its own shopping results while demoting rivals like Foundem. In a groundbreaking decision in 2017, the EC ordered Google to pay a record-breaking €2.4 billion fine and imposed restrictions to prevent similar practices in the future.
Yet, Google didn’t give up easily. It fought the decision for seven years, filing appeals and defending its practices. But in September 2024, the European Court of Justice upheld the ruling, sending a powerful message: even the largest tech giants must abide by fair competition standards.
Why This Case Matters to Every Digital Consumer and Business
The Raffs’ case set an undeniable precedent, showing that tech companies—even the giants—can be held accountable for anti-competitive practices. Foundem’s struggle brought visibility to how search algorithms can dramatically affect businesses.
By burying Foundem in search results, Google effectively choked the company’s growth potential. But it wasn’t just Foundem; many other businesses reported similar experiences. Trivago, Yelp, and Kelkoo all joined the growing list of companies claiming Google’s algorithm had suppressed their visibility in favor of Google’s own services.
This case is now seen as a cornerstone of digital regulation. The Raffs’ perseverance helped shape the European Commission’s Digital Markets Act, a sweeping law passed in 2023 to establish fair competition rules for online platforms.
The law now restricts dominant platforms, including Google, from giving preferential treatment to their own services—a step toward creating a fairer digital marketplace.
Lessons for Small Businesses and Digital Consumers
Shivaun and Adam Raff’s journey provides essential insights for businesses and consumers alike.
Here are some takeaways from their 15-year ordeal:
Know Your Rights: The Raffs recognized their right to fair treatment and fought to defend it. When Google dismissed them, they took their concerns to the proper authorities, advocating for their rights and those of other businesses.
Stay Persistent: This case underscores the power of persistence. Despite years of silence and setbacks, the Raffs pressed forward, determined to hold Google accountable.
Media as a Tool: Publicity can be a powerful ally. When their private complaints to Google failed, the Raffs took their story to the media, capturing public attention and prompting regulatory action.
Document Everything: Detailed documentation of Foundem’s struggles and search performance provided crucial evidence in building their case against Google.
Prepare for the Long Haul: Legal battles against corporations are rarely swift. The Raffs’ story shows that even small players can succeed against the biggest tech companies, but patience and determination are essential.
Fighting for Fair Competition in a Digital World
Although the EC’s ruling was a victory, Shivaun and Adam Raff’s fight isn’t over. They’re currently pursuing a civil damages case against Google, seeking compensation for the losses Foundem suffered due to Google’s practices. This case is set to go to court in 2026, and the outcome could shape the future for other businesses impacted by similar issues.
Meanwhile, the European Union’s Digital Markets Act is now in place, keeping Big Tech on watch and ensuring fair practices in the digital marketplace.
The Raffs’ story has already spurred regulators to take stronger measures, and their persistence may inspire more companies to stand up against unfair competition practices.
Foundem may be closed today, but Shivaun and Adam Raff’s legacy is unmistakable. Their case reshaped the way we understand digital competition, proving that accountability matters even in the tech industry.
For every small business, consumer, and platform user, their story reminds us that justice and fairness are possible—even against the biggest players.
Key Takeaways
- The Raffs’ 15-year fight led to a landmark victory, proving the power of persistence.
- Their case spurred the €2.4 billion fine on Google and shaped the Digital Markets Act.
- The ruling showed how crucial fair algorithms are for both consumers and businesses.
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