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

European Commission to send a statement of objections to Amazon. No, this is not protectionism.

Yesterday The Wall Street Journal broke the news that the EU is about to formally charge Amazon regarding its treatment of third-party sellers on its marketplace. The European Commission - which has been investigating Amazon since September 2018 - is expected to issue a Statement of Objection during the summer, whereby it will lay down … Continue reading European Commission to send a statement of objections to Amazon. No, this is not protectionism.

The Autorité de la concurrence publishes study on competition and e-commerce

Digital technologies have considerably changed the way commerce and distribution work. Internet sales are growing exponentially. Numerous offline retailers are now marketing their products and services online, and “pure play” retailers, almost exclusively active in internet sales, have emerged.  At the same time, digital technologies (e.g. smartphones, tablets, augmented technologies) are increasingly forming part of the … Continue reading The Autorité de la concurrence publishes study on competition and e-commerce

Countdown to the ex ante regulation of online platforms: the Commission launches public consultation and publishes inception impact assessment

Yesterday marked the beginning of a busy summer on the regulatory front, as the European Commission fired the starting gun for the regulation of digital platforms.  The Commission launched a public consultation on the Digital Services Act (“DSA”), a much-awaited package announced in the political guidelines of the new Commission and in the Commission’s Communication “Shaping … Continue reading Countdown to the ex ante regulation of online platforms: the Commission launches public consultation and publishes inception impact assessment

Questions and answers with Horacio Gutierrez, Spotify’s Head of Global Affairs and Chief Legal Officer

Today, I am delighted to interview my friend Horacio Gutierrez, Spotify’s Head of Global Affairs and Chief Legal Officer. Just as the Commission launched its public consultation on the DSA package, it is a great time to discuss with Horacio the future of innovation, competition and regulation in digital markets. Horacio, could you tell us … Continue reading Questions and answers with Horacio Gutierrez, Spotify’s Head of Global Affairs and Chief Legal Officer