Private damages in the new digital regulations – A fine balance to tread

A picture of “astonishing diversity and total underdevelopment”. Thus spoke a 2004 Report that surveyed competition damages actions across the EU at the time. It took ten years from there to adopt the Damages Directive, which finally ensured that anyone who suffered harm caused by a competition infringement can effectively claim full compensation and gave … Continue reading Private damages in the new digital regulations – A fine balance to tread

The Epic Games judgment is out: Some first thoughts

As most readers are likely aware of, on 10 September 2021 Judge Yvonne Gonzalez Rogers (“YGR”) issued her Rule 52 Order after trial on the merits in Epic Games, Inc. v Apple Inc. Based on the trial record, Judge YGR could not ultimately conclude that Apple is a monopolist under federal or state antitrust laws, … Continue reading The Epic Games judgment is out: Some first thoughts

Some thoughts on the joint NL-DE-FR paper on Strengthening the DMA and its Enforcement

On 7 September 2021, the Dutch, French, and German governments (the so-called “Friends of an Effective DMA”) published a joint paper focusing on two important aspects of the DMA proposal: (i) future-proofness and tailor-made remediation and (ii) the role of the national authorities. Like the first paper these governments published in May 2021, this is … Continue reading Some thoughts on the joint NL-DE-FR paper on Strengthening the DMA and its Enforcement

Korean bill banning Apple and Google from mandating their in-app payment solutions moves forward

Yesterday, the Korean National Assembly passed a bill that amends the country’s Telecommunications Business Act to prevent app market business operators (i.e., Apple and Google with respect to their app stores) from requiring app developers to exclusively use their in-app purchasing systems (IAP in the case of Apple and GPB in the case of Google). … Continue reading Korean bill banning Apple and Google from mandating their in-app payment solutions moves forward

Apple and Google’s app store dominance suffers another blow – the Open App Markets Act

U.S. Senators Blumenthal, Blackburn and Klobuchar introduced last week the Open App Markets Act bill, a bill aiming to “promote competition and reduce gatekeeper power in the app economy, increase choice, improve quality and reduce costs for consumers.” Targeting Apple and Google, the two companies that have gatekeeper control over the two dominant mobile operating … Continue reading Apple and Google’s app store dominance suffers another blow – the Open App Markets Act

UK Digital Regulation: time to get into the detail

Photo by Marianna on Pexels.com The UK government has published its White Paper on the new regulatory regime for firms with Strategic Market Status (SMS), which is very likely to capture firms such as Google, Apple, Facebook and Amazon. The new legislation is therefore now officially government policy. At first glance, it will be a … Continue reading UK Digital Regulation: time to get into the detail

The Autorité de la concurrence fines Google € 500 million for not complying with interim measures in neighboring rights case

Today the French Autorité de la concurrence (the “Autorité”) handed down a damning decision finding that Google has failed to comply with an earlier interim measures decision adopted in April 2020 with respect to press publisher’s neighboring rights. The Autorité fined Google € 500 million and ordered Google to comply with its interim measures on … Continue reading The Autorité de la concurrence fines Google € 500 million for not complying with interim measures in neighboring rights case

The UK reform agenda

The former Chair of the Competition and Markets Authority (CMA), Lord Andrew Tyrie, has written a report setting out some suggestions to reform the competition regime.  This follows an FT opinion piece earlier this year, and his much-discussed letter to the Secretary of State in February 2019 advocating reforms to the competition regime. Lord Tyrie’s … Continue reading The UK reform agenda

EU probes Google’s ad tech business

Another day, another antitrust investigation into Google’s ad tech business. This time the probe was launched by the European Commission (the “Commission”), which has already fined Google three times for engaging in anticompetitive conduct. As readers of this blog are probably aware, Google’s practices in ad tech have captured considerable regulatory attention: the French Autorité … Continue reading EU probes Google’s ad tech business

Major new market study into mobile ecosystems

Following on from the announcement of a new antitrust investigation into Facebook (and indeed a Financial Times report that an Amazon case is imminent), the CMA has launched an ambitious market study into mobile ecosystems.  The CMA already has ongoing investigations into Google’s Privacy Sandbox and Apple’s approach to in-app purchasing; it has established the … Continue reading Major new market study into mobile ecosystems