The UK’s Digital Markets Unit: we’re not making any progress, but we promise we will “in due course”

In the UK’s slow journey towards its Digital Markets Unit (“DMU”) regime, the Government has published its formal response to last summer’s consultation document (the “Response Document”). We now know that the necessary legislation will not be included in the next session of Parliament, and therefore will not be enacted within the next year, but … Continue reading The UK’s Digital Markets Unit: we’re not making any progress, but we promise we will “in due course”

When Brexit means falling behind: The probable death of the DMU regime

Everything had started well with the excellent Furman report, which emphasized the need to adopt an ex ante regulatory regime that would apply to Big Tech firms in the UK. That report had indeed found that competition rules would not be sufficient to control these firms’ market power.  The UK had the lead and was … Continue reading When Brexit means falling behind: The probable death of the DMU regime

The European Media Freedom Act: A bold move raising bold questions

Digital regulation “aficionados” have been busy with the political agreement the EU institutions reached on the Digital Markets Act (“DMA”) and the Digital Services Act (“DSA”). Nevertheless, there is another initiative in the pipeline that may not have received much attention to date, namely the European Media Freedom Act (“EMFA”). This initiative raises a number of questions: Could the EMFA undermine … Continue reading The European Media Freedom Act: A bold move raising bold questions

The leaked “final” version of the Digital Markets Act: A summary in ten points

Last week, a version of the Digital Markets Act dated 13 April 2022 was leaked. This version is based on the political agreement reached by the Commission, the Council of Ministers and the European Parliament on 25 March 2022. This “final” version (subject to some final adjustments) comprises a fair amount of new language compared … Continue reading The leaked “final” version of the Digital Markets Act: A summary in ten points

The fast growing concentration of the connected TV OS market: Getting Ahead of Another Big Tech Duopoly, Before It’s Too Late

The European Commission recently published its final report into the Internet of Things, with Executive Vice-President Vestager stating: “The consumer Internet of Things sector is increasingly becoming part of our everyday life …  This is a market with high barriers to entry, few vertically integrated players and concerns about access to data, interoperability or exclusivity … Continue reading The fast growing concentration of the connected TV OS market: Getting Ahead of Another Big Tech Duopoly, Before It’s Too Late

CRA and Geradin Partners Conference on Ad Tech, Competition Policy and Privacy Issues

Dear blog readers, I would like to invite you to the above event, which will take place on 19 April 2022 in London from 1 to 6pm. It is possible to attend the event either in-person or online. Please see all details and the registration form here. Access to the conference is free. The event … Continue reading CRA and Geradin Partners Conference on Ad Tech, Competition Policy and Privacy Issues

Ne bis in idem and the DMA: the CJEU’s judgments in bpost and Nordzucker – Part II

[This is the second blog post on the principle of ne bis in idem and the DMA. You can read here our first post setting the scene and discussing EU case-law on ne bis in idem] Yesterday’s post discussed at length the CJEU’s judgments in bpost and Nordzucker, and how they signal a shift in … Continue reading Ne bis in idem and the DMA: the CJEU’s judgments in bpost and Nordzucker – Part II

Ne bis in idem and the DMA: the CJEU’s judgments in bpost and Nordzucker – Part I

[This is the first of two blog posts on the principle of ne bis in idem and the DMA. This post sets the scene by discussing the CJEU’s case-law on ne bis in idem, with a focus on the Court’s recent rulings in bpost and Nordzucker. A second blog post will discuss the implications of … Continue reading Ne bis in idem and the DMA: the CJEU’s judgments in bpost and Nordzucker – Part I

Spotify and Google Announce User Choice Billing: A preliminary assessment

Yesterday, Spotify announced on its corporate website a multiyear agreement with Google, which “represents a first-of-its-kind option in payment choice and offers opportunities for both consumers and developers.” A parallel announcement was made by Google on the same day. While the exact terms of the agreement are not known, the Spotify announcement says that: “Users … Continue reading Spotify and Google Announce User Choice Billing: A preliminary assessment

Apple’s constructive refusal to comply with the law: A harbinger of things to come?

In August 2021, the Autoriteit Consument & Markt (“ACM”), the Dutch competition authority, adopted following a two-year investigation, a decision finding that Apple’s App Store payment policies as they applied to dating app providers amounted to an abuse of a dominant position in breach of Article 102 TFEU. As explained in an earlier blog post, … Continue reading Apple’s constructive refusal to comply with the law: A harbinger of things to come?