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

EU sends Apple Statement of Objections (music streaming services)

Just a few days after the Australian Competition & Consumer Commission released its interim report on app marketplaces finding that "Apple’s App Store and Google’s Play Store have significant market power in the distribution of mobile apps in Australia," the European Commission addressed to Apple a Statement of Objections over its App Store rules for … Continue reading EU sends Apple Statement of Objections (music streaming services)

Competition Authorities must – really – deal with privacy.

Calls on Competition Authorities to give proper consideration to privacy and data protection concerns in their antitrust and merger investigations are not a new thing. Large digital platforms have long raised privacy and competition concerns due to their ability to collect troves of data from their business and consumer-facing products and use them internally as they deem … Continue reading Competition Authorities must – really – deal with privacy.

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?

The CJEU’s ruling on Slovak Telekom, and what it means for cases involving dominant digital platforms

Last week the CJEU delivered its judgment in case C-165/19 P dismissing the appeal brought by Slovak Telekom ("ST") against the judgment of the General Court of 13 December 2018 (T‑851/14). Damien was representing ST alongside Robert O'Donoghue from Brick Court Chambers. The case concerns a 2014 infringement decision of the Commission, whereby the latter found … Continue reading The CJEU’s ruling on Slovak Telekom, and what it means for cases involving dominant digital platforms

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

The latest around Google and the Privacy Sandbox

On Monday the US State AGs filed an amended complaint against Google with respect to ad tech, joined by five additional States. (Reminder: the State AGs sued Google in December 2020, arguing that the tech company has engaged in anticompetitive conduct and even entered into an unlawful agreement with Facebook to restrict competition in the … Continue reading The latest around Google and the Privacy Sandbox

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 ?