Designating large platforms under the DMA and the DSA: Comparing apples and oranges? 

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? 

Antitrust is turning its eye to gaming

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

CMA music streaming market study: what’s going on?

Music streaming is a fascinating industry, and many people were looking forward to seeing how the UK's Competition and Markets Authority (“CMA”) had used its wide-reaching information gathering powers to uncover any problems. This is a huge and culturally-important industry for the UK, and it seems to operate in some weird and convoluted ways. There … Continue reading CMA music streaming market study: what’s going on?

Regulating big tech raises big implementation questions

A milestone was reached yesterday for the regulation of digital platforms: the Council of the European Union gave its final approval to the Digital Markets Act (“DMA”), following the European Parliament’s adoption of the legislative text in plenary on 5 July. The DMA, which will ensure the fairness and contestability of digital markets by setting out a list of … Continue reading Regulating big tech raises big implementation questions

Five key issues about the regulation of AI

The first thing to be mindful of when thinking about artificial intelligence (“AI”) is the need to see through the hype that surrounds it. In the past few weeks alone there have been claims that an AI system has become sentient (it hasn’t), while narratives of AI either saving or destroying humanity are commonplace. The … Continue reading Five key issues about the regulation of AI

Meta/Giphy court judgment: The CMA’s controversial merger analysis survives, but its procedures don’t

As readers of this blog know, the UK’s Competition and Markets Authority (“CMA”) blocked its first Big Tech merger in the Meta/Giphy case. Meta duly appealed to the UK’s Competition Appeal Tribunal (“CAT”) and the CAT’s judgment was issued last week. The most discussed element of the case has been the CMA’s controversial theories of … Continue reading Meta/Giphy court judgment: The CMA’s controversial merger analysis survives, but its procedures don’t

The CMA Final Report on the Mobile Ecosystems market study: a repudiation of Apple’s narrative over privacy and safety as justifications for the status quo

On 10 June 2022, the UK Competition and Markets Authority (CMA) published its Final Report on its year-long market study into mobile ecosystems – namely mobile operating systems, app stores, and web browsers. The CMA found that Apple and Google have a tight grip over these increasingly crucial ecosystems, which in turn places them in … Continue reading The CMA Final Report on the Mobile Ecosystems market study: a repudiation of Apple’s narrative over privacy and safety as justifications for the status quo

The CMA takes matters into its own hands with browsers and cloud gaming market investigation references

The UK’s Competition and Markets Authority (“CMA”) has published its report into mobile ecosystems a few days before its statutory deadline. This market study has focused on mobile browsers, mobile operating systems and app stores. Following the UK Government’s disappointing decision to delay the necessary legislation that will give the Digital Markets Unit (“DMU”) its … Continue reading The CMA takes matters into its own hands with browsers and cloud gaming market investigation references

Servizio, competition on the merits, and Google Shopping

This is the second post on the CJEU’s judgment in Servizio, a preliminary ruling concerning the interpretation of Article 102 TFEU (see here for the first post discussing the relevance of consumer welfare and actual effects in establishing an abuse under Article 102 TFEU). In this post I would like to discuss the concept of … Continue reading Servizio, competition on the merits, and Google Shopping