On 11 November 2022, the Australian Competition and Consumer Commission (“ACCC”) released the fifth interim report for the Digital Platform Services inquiry (the “Interim Report”). This report recommends a range of new measures to address harms from digital platforms to Australian consumers, small businesses and competition. The diagnostic of the ACCC is not different from … Continue reading Why it is now clear that the Australian ex ante regime will be much closer to the proposed UK regime than the EU Digital Markets Act
As part of its ongoing work to regulate the digital economy, the European Commission (“the Commission”) recently put forward the proposal for a Revised Product Liability Directive (“RPLD”) and the proposal for the Artificial Intelligence (“AI”) Liability Directive. Both proposals are relevant for the regulation of AI systems in Europe, each approaching this issue from … Continue reading The Commission’s proposals for AI Liability Rules
Apple, Google and Amazon (and to a lesser extent, Meta) have been tentatively expanding into the financial services sector for years now. It has been very interesting to watch their strategies and it seems things are hotting up. Damien and I wrote an article on this topic, which was published in the European Competition Journal … Continue reading Big Tech’s financial services activities – and their forthcoming regulatory attention
The Digital Market Act (“DMA”) has been published today. It is a remarkable instrument in many ways. Since the publication of the Commission proposal in December 2020, it took less than 1.5 years for the Council and the Parliament to agree on the final text. The supersonic adoption of the DMA was due to several … Continue reading The DMA has been published: Now the real challenges start
Earlier this month the General Court of the EU (the “Court”) delivered its much-anticipated judgment on Google’s action for annulment of the Commission’s decision in Case AT.40099 (Google Android) – the decision currently holding the record for the highest antitrust fine ever imposed, namely EUR 4.3 billion. By way of reminder, the Commission found that … Continue reading General Court largely upholds the Commission’s decision in Google Android (Case T-604/18)
On 16 September, the European Commission (“Commission”) published its much-anticipated proposal for a Media Freedom Act (“MFA”). The proposed MFA is an ambitious initiative. It includes rules that would apply to all actors of the media ecosystem (Member States, broadcasters, press publishers, on-demand players, online platforms). It also seeks to address several complex issues which have been facing … Continue reading Unravelling the Media Freedom Act proposal: Ambitious yet underwhelming?
As the readers of this blog know, app developers selling digital content have been unhappy for many years with Apple’s App Store policies, which force them to use its in-app payment solution (“IAP) and charges them a 30% commission, which is reduced to 15% in limited circumstances. These policies led Apple into trouble in the … Continue reading Google’s latest attempts to squeeze app developers in the face of regulation: When principles and coherence no longer matter
It was reported last week that the US Federal Trade Commission has started investigating Amazon’s $1.7 billion acquisition of iRobot, the maker of Roomba smart vacuum cleaners. It seems to us that the UK and EU authorities will also have jurisdiction to investigate. Why should anyone (apart from iRobot’s shareholders) care about a large retailer … Continue reading Amazon/iRobot: The flywheel spins once more
The Digital Markets Act (“DMA”) and the Digital Services Act (“DSA”) will soon start to apply. Broadly speaking, both instruments have the same objective, which is to address concerns arising from the increasing reliance on online platforms. However, despite being presented as parts of the same “package”, the DSA and the DMA do not have many similarities because they … Continue reading Designating large platforms under the DMA and the DSA: Comparing apples and oranges?
Last week, I spoke at the Video Games Bar Association’s annual summit which took place at devcom in Cologne, Germany. The event confirmed to me that gaming is where the innovative technologies of the future are in many ways already a reality today. It was my contention at the conference that competition law is turning … Continue reading Antitrust is turning its eye to gaming