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view the rest of the comments
I'd rank my preference as:
(1) law applies equally to all.
(2) law does not apply equally to all, but at least they're honest about it.
(3) law does not apply equally to all, but they pretend it does.
So I guess, depending on if one previously thought (1) or (3) to be true, this is either a deterioration or an improvement.
How is this is an example of (2), and not (1)? Is the law being applied inequally, or is it just that X is breakin it real bad?
Those aren't mutually exclusive. Both could be happening at the same time.
But I didn't even present them as mutually exclusive. Breaking the law is pretty much granted.
How is the law being applied inequally?
The following:
The motivation of the punishment is ulterior to the crime.
As the goal seems to be show of force, and not simply application of the law, it raises the question: why this company? And it creates a non-coded shadow system of (illegal or not) behaviour/people/companies that need to be made an example of, and (illegal or not) behaviour/people/companies that do not need to be made an example of.
Making an example is what NYT says, not EU. I'm kind of ignorant of the subject so I don't know what an "appropriate" fine would look like, but for the size of X and how bad it is, I'd expect it to be massive even without any ulterior motive.
They're quoting people working on the case