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.
Digital technologies have considerably changed the way commerce and distribution work. Internet sales are growing exponentially. Numerous offline retailers are now marketing their products and services online, and “pure play” retailers, almost exclusively active in internet sales, have emerged. At the same time, digital technologies (e.g. smartphones, tablets, augmented technologies) are increasingly forming part of the … Continue reading The Autorité de la concurrence publishes study on competition and e-commerce
Yesterday marked the beginning of a busy summer on the regulatory front, as the European Commission fired the starting gun for the regulation of digital platforms. The Commission launched a public consultation on the Digital Services Act (“DSA”), a much-awaited package announced in the political guidelines of the new Commission and in the Commission’s Communication “Shaping … Continue reading Countdown to the ex ante regulation of online platforms: the Commission launches public consultation and publishes inception impact assessment
Today, I am delighted to interview my friend Horacio Gutierrez, Spotify’s Head of Global Affairs and Chief Legal Officer. Just as the Commission launched its public consultation on the DSA package, it is a great time to discuss with Horacio the future of innovation, competition and regulation in digital markets. Horacio, could you tell us … Continue reading Questions and answers with Horacio Gutierrez, Spotify’s Head of Global Affairs and Chief Legal Officer
As discussed in a prior post, the European Commission is currently working on an ex ante regulation to control the market power of so-called “digital gatekeepers” or “systemic platforms”. An idea floated by some would be to base this ex ante regulation on the EU regulatory framework for electronic communications. The main features of this … Continue reading Should the EU’s forthcoming ex ante regulation of digital gatekeepers be based on the EU regulatory framework for electronic communications?
On 20 April 2020, the Australian Government announced that it had directed the ACCC to develop a mandatory code of conduct to address bargaining power imbalances between Australian news media businesses and digital platforms. The government has asked that a draft mandatory code be released for public consultation before the end of July 2020, with … Continue reading ACCC releases concepts paper on “Mandatory news media bargaining code”
Andrei Hagiu, Tat-How Teh and Julia Wright have recently posted on the Internet an interesting paper trying to answer the question of whether Amazon should be allowed to sell on its own marketplace. This is a highly topical subject as concerns have been raised that Amazon’s dual role as operator of its marketplace and competitor … Continue reading Should Amazon be allowed to sell on its own marketplace? – Hagiu, Teh and Wright say yes, with some important caveats
Google’s proposed acquisition of Fitbit “has the potential to be a game-changer”, the European Consumer Organisation (“BEUC”) warns in a report published recently outlining the merger's competition concerns and harms to consumers. The effects of the combination of Google’s unparalleled market power across several digital markets and Fitbit’s exceptional dataset could be felt, according to … Continue reading BEUC raises concerns over the Google/Fitbit merger
2019 saw regulators across the EU rethinking the effectiveness of existing competition rules in digital markets. Within this context, the Dutch Ministry of Economic Affairs and Climate explored the possibility of adopting ex ante instruments to control “digital gatekeepers”, as part of its plan to modernize competition policy in relation to online platforms. For this reason, the … Continue reading “Digital Gatekeepers: assessing exclusionary conduct” – a report by e-Conomics and Radicand Economics