Bits: What U.S. Tech Giants Face in Europe in 2017

Bits: What U.S. Tech Giants Face in Europe in 2017

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For American tech behemoths like Google and Facebook, Europe can be both a blessing and a curse.

The region and its 500 million consumers are one of the companies’ most important overseas markets. And in cities from Lisbon to Ljubljana, people often can’t get enough YouTube videos, Amazon purchases and Twitter messages.

Yet policy makers in the 28-member European Union have also become some of the most ardent critics of how Silicon Valley companies dominate much of the digital world. The criticisms include the companies’ perceived failure to pay local taxes and their collection of reams of personal information.

These tensions took center stage in 2016: Apple was ordered to pay 13 billion euros, or about $13.7 billion, in back taxes to the Irish government; Google was accused of unfairly favoring some of its digital services over those of rivals; and Uber was prohibited from operating some of its ride-booking services in the region. The companies deny wrongdoing.

The next 12 months are shaping up to be potentially even more painful. Many of the investigations that started in 2016 will be decided in the coming year. If Silicon Valley companies lose the battles, they could be forced to change how they operate not only in Europe, but also farther afield.

Here is what awaits them in 2017.

Google

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At Google offices in France.
CreditJacques Brinon/Associated Press

Google is facing three sets of antitrust charges in Europe related to some of its search services and Android, its popular smartphone operating system.

The first set of charges — linked to accusations that Google unfairly promoted its shopping product over those of rivals — could be decided by early spring and might lead to a fine of up to 10 percent of the company’s global revenue, or about $7.5 billion (though most penalties are significantly less).

The company has repeatedly denied that it favors its own services over those of others, and it is spending close to a half-billion dollars across Europe to endear itself to locals. Any appeal of the decision would take years.

Google’s European woes also extend to taxes, and French officials will most likely decide this year if the company must pay more than $1 billion in back taxes on its operations there.

It also has appealed a decision by France’s data protection regulator that it must apply the “Right to Be Forgotten” rule across its global domains, including those in the United States. The current right allows people with connections to Europe to ask search engines to remove links to online content about themselves, under certain circumstances. The appeal will be heard in 2017.

Apple

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CreditGabrielle Lurie/Agence France-Presse — Getty Images

On the top of Apple’s agenda in 2017 will be its appeal of the €13 billion tax bill. Lawmakers in Ireland are also appealing the decision, claiming that the European Commission, the executive arm of the European Union, overstepped its jurisdiction and that Apple did not receive preferential tax treatment.

Both appeals are expected to be heard by Europe’s top courts in late 2017, at the earliest.

The cases will most likely take on an increasingly political angle. President-elect Donald J. Trump has suggested that American companies with significant cash held overseas might be able to repatriate these nest eggs at a reduced tax rate. If Mr. Trump goes ahead with this plan, expect a standoff between American and European lawmakers over where such money — including from Apple — should be taxed.

Facebook

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The entrance to Facebook’s headquarters in Menlo Park, Calif.
CreditJason Henry for The New York Times

The social media giant is becoming an increasing target for European officials because of its ever-expanding role in the region’s economy.

In 2017, Facebook will face the outcomes of investigations in France, Spain, Germany and the Netherlands about how it tracks both members and nonmembers who use the company’s services and visit third-party websites with embedded Facebook “like” buttons. The company won a similar case on appeal in Belgium.

Facebook also has until the end of January to respond to European charges that it misled regulators when it sought approval for its $19 billion takeover of WhatsApp, the internet messenger it now owns.

Amid concerns that Facebook did not sufficiently clamp down on fake news during the American presidential election, the company has faced similar worries in Europe, where some officials have called for it to be held responsible for such content, and for hate speech.

In March, a German task force will report on how Facebook and other social media companies have responded to these issues. Legislation could follow if lawmakers believe the companies have not done enough.

Uber

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CreditMark Ralston/Agence France-Presse — Getty Images

The ride-hailing company has been locked in a yearslong struggle to operate freely across Europe after some taxi associations and policy makers accused it of flouting local rules and promoting unfair competition.

In April, the European Court of Justice, the region’s highest court, is expected to rule on whether Uber is a transportation service or a digital platform — a decision that will have far-reaching consequences.

If Uber is deemed a transportation service, it will have to comply with Europe’s tough taxi rules and not be able to offer some of its low-cost services. If the court rules Uber is a digital platform, the company will have greater ability to expand aggressively in the region, still one of its more important international markets.

Amazon

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An Amazon distribution center in Bad Hersfeld, Germany.
CreditJens Meyer/Associated Press

The e-commerce giant is awaiting the results of a lengthy investigation into whether it received unfair tax treatment from the authorities in Luxembourg, where it has its European headquarters.

Amazon denies the charges and says it complies with the tax rules where it operates. An outcome is expected by early summer at the earliest, and will follow similar tax cases against American companies like McDonald’s and Starbucks.

In a sign that it was trying to get ahead of the issue, Amazon announced in 2015 that it would start paying taxes in a number of European countries where it has large operations, instead of funneling nearly all of its sales through Luxembourg.

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