From Launch Day to Legal Battle: The Foundem Story
In June 2006, Shivaun Raff and her husband, Adam, embarked on an ambitious journey, launching their groundbreaking price comparison website, Foundem. Little did they know that this thrilling moment would soon turn into a harrowing fight against the tech giant Google, leading to a historic £2 billion fine for the company.
The Dark Side of Launch Day
Launch days are usually filled with excitement, but for the Raffs, theirs was marred by disaster. Just as Foundem went live, Google’s automatic spam filters flagged their site, burying it in search results for critical terms like “price comparison.” This crippling penalty meant that their innovative platform struggled to gain traction or generate revenue.
“We were monitoring our pages, and then we saw them all plummet almost immediately,” recalls Adam. What began as a dream quickly spiraled into a nightmare, leading to a 15-year legal saga that would change the landscape of Big Tech regulation.
A David vs. Goliath Showdown
Initially, Shivaun and Adam believed their site’s issues were a mistake—perhaps a “false positive” in Google’s system. But after more than two years of sending requests for help, they received no response. As their business faltered, they discovered that many other companies had faced similar penalties from Google. By 2017, around 20 other claimants, including notable names like Kelkoo and Trivago, had joined the fight against the search giant.
“We quickly realized that if you’re denied traffic, you have no business,” Adam emphasizes.
The Turning Point: Taking Action Against Google
The turning point came when their website gained recognition from Channel 5’s The Gadget Show as the best price comparison site in the UK. “We reached out to Google, hoping they’d see the value we brought to users,” Shivaun explains. Instead, they received a dismissive response that solidified their resolve: they needed to fight back.
Determined to seek justice, the couple engaged with the media and regulators across multiple continents. Their persistence led to an investigation by the European Commission, which ultimately concluded that Google had abused its market dominance.
Victory and Beyond: A Long and Grueling Fight
In June 2017, the European Commission ruled against Google, imposing a record €2.4 billion fine. However, the couple’s fight didn’t end there. “We knew we had to ensure the ruling was enforced,” Shivaun says.
Despite their significant win, the Raffs believe Google’s anti-competitive practices persist. In March 2023, the European Commission opened a new investigation under its Digital Markets Act, signaling that the battle may not be over.
The Price of Resistance: Foundem’s Closure
While the Raffs continued to push for accountability, their personal sacrifice became evident. Foundem was ultimately forced to close its doors in 2016. “If we had known the fight would take so many years, we might not have started this journey,” Adam admits, reflecting on the toll it took on their lives.
The Road Ahead: Pursuing Damages
Currently, the Raffs are pursuing a civil damages claim against Google, set to begin in 2026. As they look toward the future, they remain committed to ensuring that smaller companies have a fighting chance against the monopolistic practices of tech giants.
A Google spokesperson stated, “The judgment relates only to how we showed product results from 2008-2017. We continue to contest the claims made by Foundem.”
In this saga of perseverance against corporate bullying, the Raffs have proven that even the mightiest can be challenged, leaving a lasting impact on the regulation of Big Tech.
