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?
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
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
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?
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
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?
On 13 August 2020, Epic Games filed lawsuits against Apple and Google in the U.S. District Court Northern District of California alleging their use of a series of anti-competitive restraints and monopolistic practices in the markets for (i) the distribution of apps to users of mobile computing devices like smartphones and tablets, and (ii) the … Continue reading Epic Games files lawsuits against Apple and Google
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.