Digital Markets Act: Why the CERRE Recommendations Paper gets it entirely right

A lot of things have been written about the Digital Markets Act, which will be proposed by the Commission on 9 December. In most cases, I agree with some of the recommendations made, while disagreeing with others. For the first time, however, I fully agree with a set of recommendations made by others, which is … Continue reading Digital Markets Act: Why the CERRE Recommendations Paper gets it entirely right

Taming the big tech platforms: DG COMP’s remedy problem (as illustrated by the Google saga)

While the European Commission has often been hailed as the world’s fiercest antitrust enforcer for hanging down two major antitrust decisions against Google, i.e. the so-called Shopping and Android decisions, which were accompanied by hefty fines, the reality is that the companies harmed by Google’s behaviour are highly critical of these decisions given their lack … Continue reading Taming the big tech platforms: DG COMP’s remedy problem (as illustrated by the Google saga)

Apple reduces App Store commission for small developers: Shall we all be happy?

Apple has attracted significant regulatory attention for obliging iOS apps selling "digital goods or services" to use its payment solution In-App Purchase (IAP) to accept user payments and pay a related 30 % commission. Apple's policy on in-app payments is at the core of the Commission's ongoing investigation into Apple (following complaints by developers Spotify … Continue reading Apple reduces App Store commission for small developers: Shall we all be happy?

Ex ante regulation of digital gatekeepers: Which institutional mechanisms?

Over the past few weeks, I have authored several blog posts (see here, here and here) on the Commission’s anticipated proposal for a Digital Markets Act, which would apparently comprise two pillars, i.e. ex ante regulation for so-called  “digital gatekeepers” and the New Competition Tool. My posts shared some thoughts on the first of these … Continue reading Ex ante regulation of digital gatekeepers: Which institutional mechanisms?

The Digital Markets Act : How should ex ante rules look like?

As we are now less than 6 weeks away from the expected publication by the Commission of its proposals on ex ante regulation for so-called "digital gatekeepers" and the New Competition Tool ("NCT"), rumours abound as to the exact scope and content of these proposals. What seems clear now is that the ex ante regulation … Continue reading The Digital Markets Act : How should ex ante rules look like?

The U.S. v. Google: A preliminary analysis in ten points

Like many antitrust lawyers, yesterday I spent most of my evening reading the DoJ complaint against Google. Although I need to read again several parts, here is my preliminary analysis summarized in ten points: This is not a political case of the type some predicted. It has nothing to do with Google search being allegedly … Continue reading The U.S. v. Google: A preliminary analysis in ten points

What is a digital gatekeeper (Part 2)? The relevance of the single-homing v. multi-homing debate

As the Commission has announced that it will issue its proposal for ex ante regulation for so-called digital gatekeepers in the beginning of December, there are growing rumours about the form this regulation will take, the platforms that will be captured and the substantive rules that will be contained in this regulation. As to the … Continue reading What is a digital gatekeeper (Part 2)? The relevance of the single-homing v. multi-homing debate

What is a digital gatekeeper?

As the European Commission is digesting the (voluminous) results of its public consultation on the upcoming Digital Services Act (“DSA”) package and preparing a proposal for what is described in its “Inception Impact Assessment” as an “ex ante regulatory instrument for large online platforms with significant network effects acting as gate-keepers in the European Union’s … Continue reading What is a digital gatekeeper?

Google’s improvements to Google Play: A preliminary review

As has been widely reported in the press, Google has decided to adopt a more aggressive approach to the enforcement of the obligation imposed on app developers offering in-app purchases of digital goods on Google Play to use Google's proprietary payment solution "Google Play In-App Billing" and pay the associated 30% commission. At the same … Continue reading Google’s improvements to Google Play: A preliminary review

Competition law and digital gatekeepers: Too many studies, too little enforcement?

The past couple of years have seen the launch and, in most cases, completion of multiple studies by competition authorities as well as independent bodies on what needs to be done to address the competition challenges created by large digital platforms (see, e.g., the UK Furman report, the U.S. Stigler report, the EC Competition Policy … Continue reading Competition law and digital gatekeepers: Too many studies, too little enforcement?