Following on from the announcement of a new antitrust investigation into Facebook (and indeed a Financial Times report that an Amazon case is imminent), the CMA has launched an ambitious market study into mobile ecosystems. The CMA already has ongoing investigations into Google’s Privacy Sandbox and Apple’s approach to in-app purchasing; it has established the … Continue reading Major new market study into mobile ecosystems
In a recent blog post, Pablo Ibanez Colomo responded to the observations I had made on his reaction to the issuance of a Statement of Objections in the Apple music streaming case. In this post, I would like to briefly react to Pablo’s response, but also raise additional questions over the application of the so-called … Continue reading The Commission’s SO to Apple and anticompetitive effects: A Rejoinder
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
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)
With the bench trial in the Epic Games’ lawsuit against Apple starting on 3 May 2021 and in the broader context of the various investigations launched against Apple by the European Commission, the Dutch ACM and the UK CMA, the purpose of this blog post is to discuss some of the most interesting aspects (at … Continue reading What can we learn from Apple and Epic Games’ Findings of Facts and Conclusions of Law in their US litigation?
Epic Games' bitter fight with Apple has officially reached the EU. Earlier today Epic Games announced it has filed an antitrust complaint against Apple with DG COMP, arguing the iPhone maker has "completely eliminated competition in app distribution and payment processes." This is the latest development in a now-global dispute between Apple and Epic Games, … Continue reading Epic Games files complaint against Apple with DG COMP
Apple has attracted significant regulatory attention for obliging iOS apps selling "digital goods or services" to use its payment solution In-App Purchase (IAP) to accept user payments and pay a related 30 % commission. Apple's policy on in-app payments is at the core of the Commission's ongoing investigation into Apple (following complaints by developers Spotify … Continue reading Apple reduces App Store commission for small developers: Shall we all be happy?
In a video for The New York Times, computer scientist and philosopher Jaron Lanier described online advertising as “the little space in the middle” combining capitalism with the “socialist” concept that Internet content should be free. Now a multi-billion-dollar industry, online advertising is what funds free online content. It is also what has elevated Google … Continue reading What should be the fate of targeted advertising?
In an insightful article on AdExchanger, Allison Schiff notes that the ad industry is facing two interrelated "existential threats": government legislation (think of e.g., the GDPR or the CCPA) and policy changes coming from big tech (Google and Apple). But, contrary to what one might initially think, it is the platforms' changes that are the … Continue reading How tech platforms act as private regulators of privacy
Last April Damien and I published a paper titled "The Antitrust Case Against the Apple App Store," where we explored various concerns raised by Apple's App Store practices under Article 102 TFEU. We focused in particular on the obligation of apps offering "digital goods or services" (think e.g., of a game app) to use Apple's … Continue reading New paper on the App Store shows why antitrust intervention is needed