Yesterday, the CMA successfully overturned the Competition Appeal Tribunal’s (CAT) ruling that the CMA’s market investigation reference (MIR) into mobile browsers and cloud gaming was out of time and therefore unlawful. This opens the door to the CMA reopening the MIR which could lead to significant remedies being imposed against Apple. Background The CMA’s MIR … Continue reading Back in the game: Court of Appeal sides with CMA against Apple in mobile browsers and cloud gaming market investigation
One of the issues I am often asked about the Digital Markets Act (“DMA”) is how to ensure that it will be properly implemented. While business users of core platform services will often be pleased with the content of the provisions that apply to the relevant gatekeepers, there is a concern that these provisions may … Continue reading Ensuring DMA compliance: What are the business users’ options?
The Digital Markets, Competition and Consumers Bill is now in the Report Stage in Parliament before it heads to the second chamber, the House of Lords. Trawling through the 87 pages of proposed amendments this week, I was tempted to reach for a hackneyed Winston Churchill quote: “Many forms of Government have been tried, and … Continue reading UK digital markets regime under attack, but still on course
On 6 September 2023, the European Commission adopted the first “designation” decisions under the Digital Markets Act (or “DMA”). Those decisions designate as “gatekeepers” certain tech companies which offer core platform services that meet specific quantitative criteria (e.g., they reach 45 million end users). We are now gearing up for effective compliance, which will play … Continue reading Will DMA proceedings make competition law obsolete? No they won’t
YouTube has over 47 million UK monthly users, equating to 92% of the British online population. It is the country’s most visited website (sometimes second to Google.com), one of the most downloaded apps from Apple’s App Store, comes pre-installed on Android devices, and boasts over 700 million hours of its content watched daily on connected … Continue reading YouTube should be designated under the UK’s forthcoming DMCC regime
Since Lina Khan – famously an Amazon critic – was appointed chair of the Federal Trade Commission (FTC), a significant lawsuit against Amazon has been expected. The lawsuit was finally launched on Tuesday, brought jointly by the FTC and 17 state attorneys general. The FTC says that Amazon has raised its fees and commissions, cluttered … Continue reading The FTC’s landmark case against Amazon tackles the central issue of e-commerce market power
In January 2022, we first reported on the CMA’s concerns that Apple had been blocking cloud gaming apps on the App Store (Google does allow those apps on Play Store but does not allow in-app purchases to be completed within cloud gaming apps). The CMA referred this issue to a full market investigation on 22 … Continue reading Platform divergence and geographic divergence after Microsoft/Activision and Apple v CMA
Today marks a milestone in EU platform regulation. The European Commission adopted the first “designation” decisions under the Digital Markets Act (or DMA). Those decisions designate as “gatekeepers” certain tech companies which offer core platform services that meet specific quantitative criteria (e.g., they reach 45 million end users). The tech companies that have been designated as gatekeepers … Continue reading European Commission adopts first DMA designation decisions
On 9 December 2021, the European Commission (“Commission”) published a proposal for a Directive on improving conditions in platform work (“Platform Work Directive” or “PWD”). This initiative adds to the EU’s portfolio in the area of platform regulation but contrary to other instruments that deal with platform-to-business and platform-to-consumer relations (e.g., the Digital Markets Act, the Digital Services Act), … Continue reading The proposed Platform Work Directive and employment status misclassification: Distinguishing between employers and digital labour intermediaries
We have previously posted about Amazon’s acquisition of the robot vacuum cleaner (“RVC”) brand, iRobot, for $1.7 billion. The case has now been cleared by the UK Competition and Markets Authority (“CMA”) at Phase 1, and referred to Phase 2 for an in-depth investigation by the European Commission. We therefore have another case of diverging … Continue reading Amazon/iRobot: Does Amazon have an incentive to preference its own products?