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
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
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.
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
As discussed in a prior post, the European Commission is currently working on an ex ante regulation to control the market power of so-called “digital gatekeepers” or “systemic platforms”. An idea floated by some would be to base this ex ante regulation on the EU regulatory framework for electronic communications. The main features of this … Continue reading Should the EU’s forthcoming ex ante regulation of digital gatekeepers be based on the EU regulatory framework for electronic communications?
On 20 April 2020, the Australian Government announced that it had directed the ACCC to develop a mandatory code of conduct to address bargaining power imbalances between Australian news media businesses and digital platforms. The government has asked that a draft mandatory code be released for public consultation before the end of July 2020, with … Continue reading ACCC releases concepts paper on “Mandatory news media bargaining code”
Andrei Hagiu, Tat-How Teh and Julia Wright have recently posted on the Internet an interesting paper trying to answer the question of whether Amazon should be allowed to sell on its own marketplace. This is a highly topical subject as concerns have been raised that Amazon’s dual role as operator of its marketplace and competitor … Continue reading Should Amazon be allowed to sell on its own marketplace? – Hagiu, Teh and Wright say yes, with some important caveats
Brussels, 12 May 2020 Digital platforms like search engines, social networks, online marketplaces or app stores have dramatically changed our lives and brought considerable benefits. Their role is likely to grow in importance as we move deeper in the digital era. At the same time, there are growing concerns that digital markets are dominated by … Continue reading Geradin Partners sets up Platform Law Practice
Last week, the terms of reference ("ToR") of the above-mentioned study started circulating in Brussels. While Christian Borggreen of the big tech's lobby CCIA criticized this planned study as a "political hitjob", I have a more positive view of it. As the Commission has to assess the impact of all its legislative proposal, there is … Continue reading European Commission issues terms of reference for study on “platforms with significant network effects acting as gatekeepers”