Is the Commission abandoning the effects-based approach in antitrust enforcement? And do the latter’s strict requirements led to the DMA proposal?

A few days ago, Global Competition Review announced that Carles Esteva Mosso, Deputy-Director General at DG Competition, would leave the Commission to join Latham & Watkins in Brussels. The article contained various quotes from Latham partners bracing themselves for their new recruit, but also the following comment from a well-known member of the Brussels competition … Continue reading Is the Commission abandoning the effects-based approach in antitrust enforcement? And do the latter’s strict requirements led to the DMA proposal?

DMA proposal: Should there be a greater role for the Member States?

One of the striking features of the DMA proposal is that it only grants a minimal role to the Member States, the Commission opting for the centralization of the implementation and enforcement of the DMA at EU level. The question is whether this approach is desirable. It seems that Member States such as Germany, Belgium, … Continue reading DMA proposal: Should there be a greater role for the Member States?

The CJEU’s ruling on Slovak Telekom, and what it means for cases involving dominant digital platforms

Last week the CJEU delivered its judgment in case C-165/19 P dismissing the appeal brought by Slovak Telekom ("ST") against the judgment of the General Court of 13 December 2018 (T‑851/14). Damien was representing ST alongside Robert O'Donoghue from Brick Court Chambers. The case concerns a 2014 infringement decision of the Commission, whereby the latter found … Continue reading The CJEU’s ruling on Slovak Telekom, and what it means for cases involving dominant digital platforms

Apple and Google’s lowering of app store fees to “help” developers : Separating the wheat from the chaff

App developers that sell “digital goods or services” on the App Store or Google Play must use these app stores’ in-app payment solutions (respectively called In-App Purchase or “IAP” in the case of the App Store and Google Play Billing or “GPB” in the case of Google Play). The mandatory use of IAP or GPB … Continue reading Apple and Google’s lowering of app store fees to “help” developers : Separating the wheat from the chaff

The latest around Google and the Privacy Sandbox

On Monday the US State AGs filed an amended complaint against Google with respect to ad tech, joined by five additional States. (Reminder: the State AGs sued Google in December 2020, arguing that the tech company has engaged in anticompetitive conduct and even entered into an unlawful agreement with Facebook to restrict competition in the … Continue reading The latest around Google and the Privacy Sandbox

Competition law and digital markets : Do we need a DG COMP 2.0 ?

In an earlier blog post, I discussed what could, or perhaps should, be the role of EU competition law in a post-DMA environment. That is an important question considering that if the DMA proposal is adopted, a range of issues that are traditionally addressed under EU competition rules will (also or instead) be addressed under … Continue reading Competition law and digital markets : Do we need a DG COMP 2.0 ?

Unpacking Google’s latest blog post on web tracking

Yesterday Google published a blog post regarding its approach to web tracking once third-party cookies are phased out in Chrome. The post was the talk of the day all over Twitter and the mainstream press, and certain commentators even suggested that Google has pledged to stop selling ads based on individual web browsing (a monumental … Continue reading Unpacking Google’s latest blog post on web tracking

Should all digital gatekeepers be subject to the same obligations under the DMA proposal?

While many companies active in digital markets support the Digital Markets Act (“DMA”) proposal, a recurrent concern comes from the fact that the obligations contained in Articles 5 and 6 of the proposal will in principle apply to all gatekeepers independently of the core platform service ("CPS") they deliver and their business model. While Article … Continue reading Should all digital gatekeepers be subject to the same obligations under the DMA proposal?

What is a digital gatekeeper?

In the past couple of years, several reports have concluded that a small number of large digital platforms act as gatekeepers in that they are necessary gateways between business users and their prospective customers. This allows these platforms to take advantage of the dependency of these business users on their services by imposing unfair trading … Continue reading What is a digital gatekeeper?

Epic Games files complaint against Apple with DG COMP

Epic Games' bitter fight with Apple has officially reached the EU. Earlier today Epic Games announced it has filed an antitrust complaint against Apple with DG COMP, arguing the iPhone maker has "completely eliminated competition in app distribution and payment processes." This is the latest development in a now-global dispute between Apple and Epic Games, … Continue reading Epic Games files complaint against Apple with DG COMP