Google's latest proposals aimed at avoiding an antitrust fine from European authorities have been leaked amid growing anger over the secrecy surrounding the case.
The documents, seen by IDG News Service on Wednesday and verified by sources in possession of the originals, revealed the full remedies put forward by Google, the questionnaire that rivals have been asked to fill in giving their response to the remedies and a comparison document showing the changes in Google's remedies since the last proposals.
The documents were leaked because "the confidentiality of this second Google proposal is an unlawful abuse of process," according to email from the person who sent the documents to IDG. Unlike the first round of so-called "market testing," Google's revised proposals have not been made public and were only sent to 125 interested parties who were warned that they were not to be made public.
The source suggested that E.U. Competition Commissioner Joaquin Almunia wants to settle the case quickly, behind the scenes, before his tenure ends, "without being bothered by the press or too many interested parties. It is a muzzle hindering the complainants to publicly speak out again, what is not right with the proposal this time."
Although European Commission sources confirmed last month that Google had supplied them with data on click-through rates for rivals as well as other empirical data, this has not been supplied to complainants. Among the documents sent by the E.U. to interested parties in the case was a questionnaire intended to elicit opinion about the settlement proposal.
Among other issues, complainants are also angry at the narrowness of the questionnaire.
The Commission did not immediately respond to questions about what sanctions it could take if one of the recipients of the documents was found to have been behind the leak.
Sources close to the case said they could not understand the reason behind the secrecy. "There's nothing particularly confidential in the latest proposals, so I have no idea why they would want to keep them secret. Presumably Google asked the Commission for secrecy, but how this benefits them I don't know," said a legal expert.
It is clear from the leaked documents that the language has been much tightened, with less ambiguity and fewer loopholes. However the substance of the settlement proposals remains largely unchanged.
Rivals say this is not good enough. "Almunia said last month that the visibility of the rival links is not sufficient. But we think rival links is completely the wrong path to pursue. We don't want to argue about font size, we just want Google to treat its own services in the same way it does everyone else's. But the questionnaire does not leave room for that sort of argument. It's easy to control what answers you get, by asking very specific questions," said the legal expert.
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