The CMA-ICO’s joint statement on competition and data protection law– A major step forward

It is often thought that data protection policymakers want your personal data to be held within big firms’ walled gardens and shared with no-one, while competition policymakers want big firms to be broken up and your personal data to be freely distributed among firms. Is that right, and if so, what are we going to do … Continue reading The CMA-ICO’s joint statement on competition and data protection law– A major step forward

The Commission’s SO to Apple and anticompetitive effects: A Rejoinder

In a recent blog post, Pablo Ibanez Colomo responded to the observations I had made on his reaction to the issuance of a Statement of Objections in the Apple music streaming case. In this post, I would like to briefly react to Pablo’s response, but also raise additional questions over the application of the so-called … Continue reading The Commission’s SO to Apple and anticompetitive effects: A Rejoinder

Further thoughts on the Commission’s Statement of Objections to Apple on App Store rules for music streaming providers

One of the great features of competition law as a discipline is that reasonable people can have different views on the application of the law to the same set of facts. There is therefore scope for discussion and, especially in the digital sector, passionate debates. In this respect, my reaction to the news that the … Continue reading Further thoughts on the Commission’s Statement of Objections to Apple on App Store rules for music streaming providers

The need for coordination among digital regulators: The example of the UK Digital Regulation Cooperation Forum

Work on digital regulation in the UK continues apace.  The Digital Regulation Cooperation Forum (DRCF) is an initiative that brings together the four regulators who are most involved in digital matters – the Competition and Markets Authority (CMA), Ofcom, the Information Commissioner’s Office (ICO) and, since 1 April, the Financial Conduct Authority (FCA).    That’s a lot of anachronyms to digest, but don’t stop reading:  the DRCF is important!  It shows that the … Continue reading The need for coordination among digital regulators: The example of the UK Digital Regulation Cooperation Forum

What can we learn from Apple and Epic Games’ Findings of Facts and Conclusions of Law in their US litigation?

With the bench trial in the Epic Games’ lawsuit against Apple starting on 3 May 2021 and in the broader context of the various investigations launched against Apple by the European Commission, the Dutch ACM and the UK CMA, the purpose of this blog post is to discuss some of the most interesting aspects (at … Continue reading What can we learn from Apple and Epic Games’ Findings of Facts and Conclusions of Law in their US litigation?

Is the Commission abandoning the effects-based approach in antitrust enforcement? And do the latter’s strict requirements led to the DMA proposal?

A few days ago, Global Competition Review announced that Carles Esteva Mosso, Deputy-Director General at DG Competition, would leave the Commission to join Latham & Watkins in Brussels. The article contained various quotes from Latham partners bracing themselves for their new recruit, but also the following comment from a well-known member of the Brussels competition … Continue reading Is the Commission abandoning the effects-based approach in antitrust enforcement? And do the latter’s strict requirements led to the DMA proposal?

DMA proposal: Should there be a greater role for the Member States?

One of the striking features of the DMA proposal is that it only grants a minimal role to the Member States, the Commission opting for the centralization of the implementation and enforcement of the DMA at EU level. The question is whether this approach is desirable. It seems that Member States such as Germany, Belgium, … Continue reading DMA proposal: Should there be a greater role for the Member States?

Apple and Google’s lowering of app store fees to “help” developers : Separating the wheat from the chaff

App developers that sell “digital goods or services” on the App Store or Google Play must use these app stores’ in-app payment solutions (respectively called In-App Purchase or “IAP” in the case of the App Store and Google Play Billing or “GPB” in the case of Google Play). The mandatory use of IAP or GPB … Continue reading Apple and Google’s lowering of app store fees to “help” developers : Separating the wheat from the chaff

Competition law and digital markets : Do we need a DG COMP 2.0 ?

In an earlier blog post, I discussed what could, or perhaps should, be the role of EU competition law in a post-DMA environment. That is an important question considering that if the DMA proposal is adopted, a range of issues that are traditionally addressed under EU competition rules will (also or instead) be addressed under … Continue reading Competition law and digital markets : Do we need a DG COMP 2.0 ?