The European Commission’s case against Google risks sending an “unintended signal” that it favours closed over open platforms, warned the search giant’s top lawyer.

Open-source platforms are “fragile”, according to Kent Walker, the company’s SVP and general counsel.

“They survive and grow by balancing the needs of all participants, including users and developers,” he wrote in a blog. And the commission approach risks upsetting that balance, Walker adds.

Google has finally responded to the case against it after being granted a number of deadline extensions by the EC.

Back in April, Google was accused of “stifling competition and innovation” by EU competition commissioner Margrethe Vestager in how the search giant used Android to impose unfair restrictions on device manufacturers and operators.

Apple competition
Walker laid out a number of counter arguments in his blog. Firstly, the EC’s case is based on the assumption that Android does not face competition from Apple’s iOS. “We don’t see it that way. We don’t think Apple does either. Or phone markets. Or developers. Or users.”

However, the commission would likely point to Android’s overwhelming smartphone market share in Europe.

Fragmentation
Walker’s second point is that the commission’s findings underestimate the importance of developers and the risks of fragmentation. “When anyone can modify your code, how do you ensure there’s a common, consistent version of the operating system, so that developers don’t have to go through the hassle and expense of building multiple versions of their apps?” he asks.

The answer is to establish a minimum level of compatibility among Android devices. The commission’s conclusion risks making fragmentation worse, he said.

Preloaded apps
Thirdly, he responded to the commission’s finding that Google should not offer some of its apps as part of a suite. No manufacturer is obliged to preload any Google apps on an Android phone, said Walker.

Google’s lawyer said rivals Apple and Micrsoft offer far less choice of apps on their phones. Google apps typically account for less than one third of total preloaded apps on Android phones. Consumers can swipe away from Google apps at any time, he added. And hardware makers and operators can pre-install rival apps next to Google’s, he said. Plus, there is plenty of evidence that users have no problem in downloading the apps they want, as shown by the success of Spotify and Snapchat for example, he said.