New paper on the App Store shows why antitrust intervention is needed

Last April Damien and I published a paper titled "The Antitrust Case Against the Apple App Store," where we explored various concerns raised by Apple's App Store practices under Article 102 TFEU. We focused in particular on the obligation of apps offering "digital goods or services" (think e.g., of a game app) to use Apple's … Continue reading New paper on the App Store shows why antitrust intervention is needed

ACCC to issue report on app marketplaces in March 2021

Saying that the Australian Competition and Consumer Commission has become quite active in the digital front would be an understatement. After delivering a pioneering report into digital platforms in 2019, it kicked off a five-year inquiry into digital platform services in 2020 and another inquiry in ad tech services (even though one might say we … Continue reading ACCC to issue report on app marketplaces in March 2021

Competition law and digital gatekeepers: Too many studies, too little enforcement?

The past couple of years have seen the launch and, in most cases, completion of multiple studies by competition authorities as well as independent bodies on what needs to be done to address the competition challenges created by large digital platforms (see, e.g., the UK Furman report, the U.S. Stigler report, the EC Competition Policy … Continue reading Competition law and digital gatekeepers: Too many studies, too little enforcement?

Epic Games files lawsuits against Apple and Google

On 13 August 2020, Epic Games filed lawsuits against Apple and Google in the U.S. District Court Northern District of California alleging their use of a series of anti-competitive restraints and monopolistic practices in the markets for (i) the distribution of apps to users of mobile computing devices like smartphones and tablets, and (ii) the … Continue reading Epic Games files lawsuits against Apple and Google

Apple App Store’s Commission Rates study misses the mark

On 22 July 2020, i.e. a few days away from the Congressional hearing (which may however be postponed) where the CEOs of Google, Apple, Facebook and Amazon are expected to testify, the Analysis Group released an Apple-sponsored study entitled “Apple’s App Store and Other Digital Marketplaces: A Comparison of Commission Rates”. The purpose of this … Continue reading Apple App Store’s Commission Rates study misses the mark

The CMA publishes Final Report on online platforms and digital advertising

Last Wednesday the CMA published its voluminous Final Report on its market study on online platforms and digital advertising, accompanied by 27 (!) detailed Appendices. This is a massive piece of work, and the CMA should be commended for completing it within just one year. The Report examines ad-funded online platforms with a focus on … Continue reading The CMA publishes Final Report on online platforms and digital advertising

The App Store and antitrust: Lofty statements by Apple executive and academic friendly to Apple’s views don’t do the trick

On 16 June 2020, the European Commission opened formal antitrust investigations to assess whether Apple's rules for app developers on the distribution of apps via the App Store violate EU competition rules.  The Commission's press release states that the Commission will investigate in particular two restrictions imposed by Apple in its agreements with companies that … Continue reading The App Store and antitrust: Lofty statements by Apple executive and academic friendly to Apple’s views don’t do the trick

CNIL, Europe’s strictest Data Protection Authority, is not invincible after all

The French Commission Nationale de l’informatique et des Libertés (CNIL), known for its strict interpretation and zealous enforcement of the General Data Protection Regulation (who can forget the €50 million fine it imposed on Google?), must now partially change its draft guidelines on cookies and other trackers after a ruling of the Conseil d’État.   The … Continue reading CNIL, Europe’s strictest Data Protection Authority, is not invincible after all

The ACCC publishes Statement of Issues on the Google/Fitbit merger

The Australian Competition & Consumer Commission (“ACCC”) published today a Statement of Issues outlining its preliminary views on competition concerns arising from the proposed acquisition of Fitbit (a company that develops, manufactures and distributes wrist-worn wearable devices) by Google.  The Australian watchdog raises two main concerns regarding the proposed acquisition. First, that it is likely … Continue reading The ACCC publishes Statement of Issues on the Google/Fitbit merger

EU probes Apple over App Store rules

It is official: the European Commission has opened an investigation into Apple over App Store rules (in parallel, the Commission also launched an investigation into Apple's practices over Apple Pay). The investigation follows a complaint filed by Spotify in March 2019, whereby the music streaming service took issue with Apple's 30% commission levied on in-app … Continue reading EU probes Apple over App Store rules