How a British Couple Took on Google and Won a €2.4 Billion Victory for Small Businesses
Shivaun and Adam Raff, a couple from the UK who have spent 15 years battling against Google, have finally got their way, making history with an enormous €2.4 billion fine that puts a dent in big tech once again. Europe’s highest court has just slapped Big Tech with a rare and substantial legal smack down that will likely reverberate all across the world in years to come, doing so on behalf of small businesses that very often feel run roughshod over by the likes of Amazon (and others) in today’s digital economy.
The Beginning of a David vs. Goliath Battle
The Raff journey dates back to 2006, when the price-comparison site they founded called Foundem first launched. But when they went live, Google’s algorithms pointed the other way and mistook Foundem for spam — causing it to be dropped during search results that one could easily reach. This was potentially fatal for any small brick-and-mortar business that relied on foot traffic and now had none. Shivaun Raff would later say, ‘Google wiped us off the face of the internet’. (Read Here).
Despite numerous attempts to appeal their case to Google, the Raffs found themselves facing silence. Meanwhile, Foundem continued to languish in obscurity, even as it was recognized as one of the UK’s best comparison sites by the popular tech TV show The Gadget Show. It became apparent to the Raffs that their setback was not simply an error, but something more systemic, and they decided to take action.
The Road to Legal Redress
Alleging its efforts to get a resolution in place had been stalled for almost two years, and that Microsoft was ignoring pleas from the biggest software companies on earth, Shivaun Raff will say this week she took her complaints instead directly not just to Brussels authorities but also the FBI. The complaint led to a major inquiry at Google into its practices over seven years that subsequently revealed comparable issues experienced by numerous other price comparison services, including big brands such as Yelp, Trivago, and Kelkoo. The European Commission finally concluded in 2017 that Google had indeed skewed its search results to favour its own shopping service over rivals like Foundem.
The inquiry eventually led to 2017 finishing with Google copping a €2.4 billion fine from the European Commission for anti-competitive behavior ( as in, using its dominant market position to squash other companies)(Read Here). The ruling was not well received by Google, though. The company challenged the fine, leading to a protracted legal battle that would send both sides back and forth in court for years.
Google’s Appeals and the Final Verdict
Following the 2017 ruling, Google implemented changes to its search algorithms, claiming that these adjustments had effectively resolved any bias issues. But in 2021, the General Court of the European Union upheld the fine, indicating that Google’s measures were not enough. Still, Google refused to back down, launching a final appeal to the European Court of Justice.
Finally, in September 2024, the European Court of Justice dismissed Google’s last appeal, confirming that the €2.4 billion fine would stand. For the Raffs, this was the hard-fought victory they had been waiting for. Despite the final ruling arriving too late to save Foundem, which had been forced to close in 2016, the decision solidified their legacy as champions for small businesses in the tech space.
Google’s Response and Continued Controversy
Google has maintained that the changes it implemented in 2017 adequately addressed the concerns raised by the European Commission. According to a Google spokesperson, these changes have led to “billions of clicks for more than 800 comparison shopping services” and should demonstrate that Google now provides fair competition. But the European Commission has not been so quick to let go. Earlier this year, in March 2024, it initiated a fresh investigation into Google’s practices, this time under the framework of the new Digital Markets Act, to examine whether Google might still be favoring its services in search results.
While Google insists that it has been compliant, the European Commission’s continued scrutiny underscores the wider impact of this case.
A Lasting Legacy for Small Businesses
For the Raffs, the fight isn’t quite over. They are now pursuing a civil damages claim against Google, with a court date set for 2026. But even as they look to seek further justice, the couple’s story has already had a profound influence on the digital landscape in Europe. In addition to reinforcing that even the most powerful companies must be accountable, their case has helped pave the way for new regulations, such as the Digital Markets Act, which aims to create a more level playing field for smaller businesses online.
Why This Case Matters
This case is not just a win for the Raffs or Foundem; it’s a victory for any small business or startup that has felt stifled by industry giants. It’s a reminder that the digital marketplace isn’t beyond oversight and that individuals can challenge even the most powerful corporations. It also raises questions about transparency in search algorithms, an issue of growing importance in an era where online visibility can make or break a business.
While Foundem may be gone, the Raffs have left a lasting impact on the regulatory landscape and shown other entrepreneurs that they can push back against unfair practices. As digital market regulations continue to evolve, small businesses can now feel more confident that the days of unchecked Big Tech dominance may be numbered.
