European Commission adopts first DMA designation decisions

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 →

The proposed Platform Work Directive and employment status misclassification: Distinguishing between employers and digital labour intermediaries

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 →

Amazon/iRobot: Does Amazon have an incentive to preference its own products?

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? →

Article 6(12) of the Digital Markets Act: Implementing the FRAND requirement  

One of the most intriguing provisions of the Digital Markets Act (“DMA”) is Article 6(12), which provides that the designated gatekeeper shall apply “fair, reasonable, and non-discriminatory general conditions of access for business users to its software application stores, online search engines and online social networking services ...” Thus, Article 6(12) only applies to three … Continue reading Article 6(12) of the Digital Markets Act: Implementing the FRAND requirement   →

Generative AI and the media sector: Preliminary thoughts on a legal and policy agenda

Generative AI (or “GenAI”) is undoubtedly becoming the buzz term of the year. However, amid the excitement about new tools that have emerged, the Italian data protection authority announced in March that it was temporarily blocking ChatGPT. In May, the US Senate held a hearing on the oversight of AI where the need for regulation … Continue reading Generative AI and the media sector: Preliminary thoughts on a legal and policy agenda →

In defence of judicial review: The established UK appeal standard is the best approach for a dynamic digital economy

As readers of this blog will know, the UK’s Digital Markets, Competition and Consumers ("DMCC") Bill seeks to create a brand-new ex ante regulatory framework for firms with ‘strategic market status’ ("SMS"), defined as firms that hold substantial and entrenched market power in a digital activity, that provides them with a position of strategic significance. … Continue reading In defence of judicial review: The established UK appeal standard is the best approach for a dynamic digital economy →

Why the Proposed Commitments offered by Google to the UK competition authority regarding in-app purchases are wrong and will make the situation of app developers worse

Introduction On 19 April 2023, the Competition and Markets Authority (“CMA”) issued a consultation over the commitments proposed by Google (the “Proposed Commitments”) to bring the CMA’s investigation into its conduct in relation to Google’s distribution of apps on Android devices in the UK to an end. The consultation period ended on Friday 19 May … Continue reading Why the Proposed Commitments offered by Google to the UK competition authority regarding in-app purchases are wrong and will make the situation of app developers worse →

Fashionably late:  The UK digital markets legislation starts its passage through Parliament

More than four years after the Furman Report, the British Government has laid its Digital Markets, Competition and Consumers Bill before Parliament.  However, what is perhaps more remarkable than the delays is how closely the Bill sticks to the CMA’s original recommendations. One can always quibble over some of the drafting, but overall this is … Continue reading Fashionably late:  The UK digital markets legislation starts its passage through Parliament →

The draft Media Bill: The UK’s take on prominence and findability regulation in the digital era

Photo by Marianna on Pexels.com The UK Department for Digital, Culture, Media and Sport recently published the draft Media Bill. This is an initiative that media organisations operating in the UK (and beyond) have been eagerly anticipating, for it will determine media policy in a post-Brexit Britain. The Media Bill may also serve as a blueprint … Continue reading The draft Media Bill: The UK’s take on prominence and findability regulation in the digital era →

Into Uncharted Waters – Making sense of the CAT’s Apple/CMA judgment

In November last year, the UK Competition and Markets Authority (CMA) started a market investigation into the supply of web browsers and browser engines on mobile devices, and the distribution of cloud gaming services through app stores on mobile devices. However, Apple appealed the CMA’s decision to make a market investigation reference (MIR) in the … Continue reading Into Uncharted Waters – Making sense of the CAT’s Apple/CMA judgment →