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

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

Apple’s constructive refusal to comply with the law: A harbinger of things to come?

In August 2021, the Autoriteit Consument & Markt (“ACM”), the Dutch competition authority, adopted following a two-year investigation, a decision finding that Apple’s App Store payment policies as they applied to dating app providers amounted to an abuse of a dominant position in breach of Article 102 TFEU. As explained in an earlier blog post, … Continue reading Apple’s constructive refusal to comply with the law: A harbinger of things to come?

Apple’s cloud gaming restrictions may be biggest news in CMA interim report

As we explained in December, the CMA’s interim report on mobile ecosystems was a great piece of work which takes a holistic view of mobile ecosystems and the competition problems associated with these ecosystems. One concern raised in the interim report was not previously seen in the multiple reports and decisions issued by competition authorities … Continue reading Apple’s cloud gaming restrictions may be biggest news in CMA interim report

The Interim Report of the CMA’s Market Study on Mobile Ecosystems :  A Great Piece of Work

On 14 December 2021, the CMA published the Interim Report of its Market Study on Mobile Ecosystems. This is a massive (445 pages + annexes) piece of work, which is – as always with the CMA – extremely well done. The purpose of this Interim Report is for the CMA to share the content of … Continue reading The Interim Report of the CMA’s Market Study on Mobile Ecosystems :  A Great Piece of Work

The P2B Regulation is not consigned to oblivion: ACM launches market study, reminding us that transparency in the platform economy is important

The Dutch Authority for Consumers and Markets (ACM) announced a few days ago that it will launch a market study into how platforms deal with the rules laid down in the Platform-to-Business (P2B) Regulation. The P2B Regulation is a regulatory initiative that may not have received the attention it deserves. This could be explained by … Continue reading The P2B Regulation is not consigned to oblivion: ACM launches market study, reminding us that transparency in the platform economy is important

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

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

Further thoughts on the Commission’s Statement of Objections to Apple on App Store rules for music streaming providers

One of the great features of competition law as a discipline is that reasonable people can have different views on the application of the law to the same set of facts. There is therefore scope for discussion and, especially in the digital sector, passionate debates. In this respect, my reaction to the news that the … Continue reading Further thoughts on the Commission’s Statement of Objections to Apple on App Store rules for music streaming providers

EU sends Apple Statement of Objections (music streaming services)

Just a few days after the Australian Competition & Consumer Commission released its interim report on app marketplaces finding that "Apple’s App Store and Google’s Play Store have significant market power in the distribution of mobile apps in Australia," the European Commission addressed to Apple a Statement of Objections over its App Store rules for … Continue reading EU sends Apple Statement of Objections (music streaming services)