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
Brussels, 12 May 2020 Digital platforms like search engines, social networks, online marketplaces or app stores have dramatically changed our lives and brought considerable benefits. Their role is likely to grow in importance as we move deeper in the digital era. At the same time, there are growing concerns that digital markets are dominated by … Continue reading Geradin Partners sets up Platform Law Practice
Last week, the terms of reference ("ToR") of the above-mentioned study started circulating in Brussels. While Christian Borggreen of the big tech's lobby CCIA criticized this planned study as a "political hitjob", I have a more positive view of it. As the Commission has to assess the impact of all its legislative proposal, there is … Continue reading European Commission issues terms of reference for study on “platforms with significant network effects acting as gatekeepers”
One of the hottest issues on the agenda of the European Commission with respect to Europe’s Digital Future relates to whether certain online platforms – generally referred to as “gatekeepers” or “systemic platforms” – should be subject to ex ante regulation designed to control their market power and ensure the contestability of digital markets. Speaking before the European Parliament’s Internal Market … Continue reading Why is ex ante regulation of systemic online platforms needed on top of competition law?
The EU Institutions are working towards the adoption of a Digital Services Act package to clarify the roles and responsibilities of online platforms, to maintain effective competition in markets characterised by large platforms acting as gatekeepers and significant network effects, and to tackle the dissemination of illegal content and the sale of illicit, dangerous or counterfeit … Continue reading BEUC argues that self-regulation of digital platforms is not enough
On 9 April 2020 the Autorité published its decision no. 20-MC-01 (currently available only in French, but there is a press release in English), on the requests for interim measures submitted by various unions of press publishers in France and Agence France-Presse (the "publishers"). The Autorité ordered Google (as a provisional measure and pending its … Continue reading The Autorité de la concurrence orders interim measures against Google in neighbouring rights case