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Can Huawei sue Google for refusing to offer its services like Google Map? Although Huawei was put on the entity list, Google not providing services to Huawei is very anti-competitive. Is there a legal avenue for Huawei outside of the U.S. and what about in the U.S.? What kind of legal challenge can Huawei launch against Google?

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    "Google not providing services to Huawei is very anti-competitive." How so? They are two private companies. They run their businesses the way they want to, as long as they operate within national and international laws. Google can legally deny Huawei's use of or a license for Google's products. – BlueDogRanch May 26 at 2:50
  • It makes their product less competitive against other Android device. – blackbird May 26 at 14:54
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    That's called private enterprise. Google is under no legal (or ethical) obligation to help or aid any other business, related to their own business or not. – BlueDogRanch May 26 at 17:50
  • There is often confusion about what anti-competitive means. Huawei can compete. They will just find it harder to beat their competitors. – gnasher729 May 26 at 20:57
  • Then why did Google get sued by the EU for not willing to provide access to its online store when manufacturers used Android forks? – blackbird May 26 at 20:59
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No

Let's assume that Google and Huawei had a valid contract that obliged Google to provide certain services and failing to provide them would be a clear breach of contract that would normally entitle Huawei to damages.

Once Huawei was put on the entity list so that supplying such services would be illegal under US law, the contract was discharged by frustration because performance of the contract is now illegal. That is, the contract is at an end and the future rights and obligations of both parties are a nullity.

Under contract law, if Hauwei had paid in advance for these services, too bad for Huawei. If Google was owed money for services already provided, too bad for Google. It’s possible that each party in those circumstances could bring an equity case for unjust enrichment but that is at the discretion of the court and would require, among other things, the aggrieved party having ‘clean hands’. As a prescribed organization, Huawei might struggle to do that.

  • I'm a bit skeptical of the last two sentences. And this only addresses the question of whether they can sue under US law. – Acccumulation May 27 at 3:34
  • @Acccumulation Are you skeptical that an equity case is possible here, or that Huawei might struggle to win it? – Greendrake May 27 at 5:44
  • @Greendrake When I wrote the comment, the last two sentences were asserting the absence of an equity case. – Acccumulation May 27 at 22:44

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