Android setup: Regional court prohibits Google from favoring Gmail

The Regional Court of Mainz has prohibited Google from giving preference to its own email service Gmail when setting up an Android smartphone. Instead, Google should allow email addresses from alternative providers on an equal footing when creating an account to use the mobile operating system. This was decided by the 12th Civil Chamber of the court responsible for commercial matters in a ruling published by heise online on August 12 (Ref.: 12 HK O 32/24). The e-mail providers GMX and Web.de, represented by their parent company 1&1 Mail & Media, had filed suit in October.

The dispute revolves around compliance with the EU's Digital Markets Act (DMA) and the question of whether Google is in breach of the tying prohibition in Article 5 of this new competition law. The plaintiffs are of the opinion that users are effectively forced to create a Gmail address in order to create a Google account to use the Android OS, Google Play, Google Chrome and YouTube services. They see this as an impermissible disadvantage compared to other email providers. It was already possible to use non-Gmail addresses in Google accounts via the web browser. However, in the crucial registration process when setting up a new Android end device, there were few incentives for owners to use a different email address for their communication.

Market opening intended by the EU has an impact

In the course of the proceedings, Google offered another option. Since May, it has been possible to create a Google account with a telephone number. However, a Gmail address is automatically set up again in the background for technical reasons. This did not satisfy the judges in Mainz. They ordered Google Ireland, under threat of a fine of up to 250,000 euros or imprisonment, to cease and desist from creating Google accounts for the services in question. In future, the internet company must either enable the equal creation of email addresses from alternative providers directly in the registration process or refrain from automatically generating visible and usable Gmail addresses for other registration options such as by telephone number.

"As long as the defendant provides the option of creating a Gmail address in the registration process, it makes the use of its respective platform services dependent on registration with Gmail," the Chamber emphasized. The court rejected Google's argument that existing email addresses from third-party providers could be used and that the setup could be skipped: these options were not on an equal footing. It also refused to stay the proceedings as there was no concrete information about an imminent decision by the EU Commission. Michael Hagenau, Managing Director of GMX and Web.de, spoke of a "good sign for competition and consumer freedom of choice". In future, millions of users would be able to consciously choose a European provider with a local data center and strict data protection, which would strengthen digital sovereignty. The opening of the markets intended by the DMA is having an effect.

(mma)