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Chronicles

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Italy's AGCM says it accepted Google's proposed commitments to end a case over the company's alleged abuse of its position in the user data portability market

Elvira Pollina / Reuters :

Reuters Elvira Pollina

Context & Ripple Effects

Italy's AGCM has spent a decade circling Google — from the 2020 display-ad dominance probe and the 2022 interoperability investigation to the July 2024 consent-practices case it later closed after remedies. The data portability case now ends the same way the consent probe did: not with a fine, but with Google's proposed commitments accepted as the remedy.

That pattern is consistent with the broader Italian relationship — Milan prosecutors dropped a tax case after the €326M settlement covering 2015-2019, and spot checks at Google's US headquarters date back to 2015. Italy's regulator has repeatedly traded litigation for binding conduct changes, and this closure extends that template to user data portability.

First-order effects

  • Google avoids an AGCM fine in the portability case but takes on binding commitments to how it lets users move their data, enforceable by the Italian authority going forward.

Second-order effects

  • With the consent-practices probe already closed on remedies, AGCM now has two closed cases resolved through negotiated conduct rather than penalties — a playbook that lowers the cost of settlement for Google and raises the appeal of commitments for other EU enforcers weighing similar data cases.

Third-order effects

  • If the commitments-first pattern holds, data portability in Europe shifts from a paper right to an operationally enforced one, with national authorities acting as ongoing compliance monitors of Google's user-data practices rather than one-off prosecutors.

The trend: European regulators are increasingly resolving their Google antitrust cases through negotiated conduct commitments instead of fines, converting enforcement into standing oversight of the company's data practices.