Re: Google doesn't have sales in France
At the end of the day it comes down to what "selling" actually is. Google is attempting to imply that the terms "sales activity" is subjective, when in fact most people (and in France, importantly, probably most Magistrates) would assert that it is not subjective at all. And it's no good getting all US-corporate lawyer-ish in France either.
Furthermore, I think that because of the way the European treaties are structured, if the French do find that Google's practises have broken the law, a French guilty finding would set a pan-European precedent. Ouch.
Short Termism Strikes Again
Google spouting on about having to maximise shareholder value as a justification for this sales practise is bollocks. Share holder value has to be maximised in the long run, not just the short run. In deciding to operate in this way the question "can we get away with it" must surely have come up and been assessed. We may be about to find out whether that assessment was correct, or not.
If not, and that assessment was in anyway "dishonest" (i.e. over confident, lacking in input from experienced legal advisers, not asking European governments what they thought, etc) then Google's board might find themselves in trouble legally, and personally, with their American shareholders. Google's shareholders losing many many Billions in European fines cannot go unexplained by Google's board, and their explanation will have to be a whole lot better than "Well, everyone else does it too".