The Paris Court of Appeal rules that a Big Tech firm did not abruptly terminate a contract with an advertising partner because the termination was objectively justified and a legitimate exercise of commercial freedom (Ulysse / Google)

On March 11, 2022, the Paris Court of Appeals overturned in its entirety a May 31, 2019 judgment of the Paris Commercial Court, which had ordered Google to compensate an advertiser, Ulysse Service ('Ulysse'), for the abrupt termination of established commercial relationships. In this case, the Paris Court of Appeals also rejected the claim raised by Ulysse, invoked for the first time on appeal, that Google had abused its dominant position (the ' Ulysse case'). This dispute once again concerns the rules drawn up by Google in the context of its AdWords program, which became Google Ads in July 2018. By way of reminder, Google AdWords is a service that allows advertisers to display their ads, identified by the label 'Ads', alongside the search results emanating from Google's algorithms,

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Authors

  • McDermott Will & Emery (Paris)
  • McDermott Will & Emery (Paris)
  • McDermott Will & Emery (Washington)

Quotation

Jacques Buhart, Frédéric Pradelles, Mary Hecht, The Paris Court of Appeal rules that a Big Tech firm did not abruptly terminate a contract with an advertising partner because the termination was objectively justified and a legitimate exercise of commercial freedom (Ulysse / Google), 11 March 2022, e-Competitions March 2022, Art. N° 105918

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