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

Embracing rather than fighting digital regulation: Microsoft’s vision for the future

Yesterday, I attended a presentation by Brad Smith, Microsoft’s President and Vice-Chair, at an event organised by Brussels think tank Bruegel. I have listened to Brad Smith a few times in the past, but yesterday he was really at his best. He is a truly impressive public speaker and I liked the message he was … Continue reading Embracing rather than fighting digital regulation: Microsoft’s vision for the future

The leaked “final” version of the Digital Markets Act: A summary in ten points

Last week, a version of the Digital Markets Act dated 13 April 2022 was leaked. This version is based on the political agreement reached by the Commission, the Council of Ministers and the European Parliament on 25 March 2022. This “final” version (subject to some final adjustments) comprises a fair amount of new language compared … Continue reading The leaked “final” version of the Digital Markets Act: A summary in ten points

Ne bis in idem and the DMA: the CJEU’s judgments in bpost and Nordzucker – Part II

[This is the second blog post on the principle of ne bis in idem and the DMA. You can read here our first post setting the scene and discussing EU case-law on ne bis in idem] Yesterday’s post discussed at length the CJEU’s judgments in bpost and Nordzucker, and how they signal a shift in … Continue reading Ne bis in idem and the DMA: the CJEU’s judgments in bpost and Nordzucker – Part II

Ne bis in idem and the DMA: the CJEU’s judgments in bpost and Nordzucker – Part I

[This is the first of two blog posts on the principle of ne bis in idem and the DMA. This post sets the scene by discussing the CJEU’s case-law on ne bis in idem, with a focus on the Court’s recent rulings in bpost and Nordzucker. A second blog post will discuss the implications of … Continue reading Ne bis in idem and the DMA: the CJEU’s judgments in bpost and Nordzucker – Part I

The DMA should stay true to its principles, or it could fail

As readers of this blog know, the core idea behind (and the principle underpinning) the DMA proposal is that a small number of large digital platforms have become “gatekeepers” in that they operate one or more important “gateways” for business users to reach end users. In this context, the DMA rightly proposes to impose on … Continue reading The DMA should stay true to its principles, or it could fail

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 DMA and default positions in search

Picking up on our latest post on the direction of the Council with respect to the DMA, we would like to touch on an important issue that seems to have been overlooked by EU lawmakers: the role of default positions in search. Rather surprisingly, both the original DMA proposal of the European Commission and subsequent … Continue reading The DMA and default positions in search

Private damages in the new digital regulations – A fine balance to tread

A picture of “astonishing diversity and total underdevelopment”. Thus spoke a 2004 Report that surveyed competition damages actions across the EU at the time. It took ten years from there to adopt the Damages Directive, which finally ensured that anyone who suffered harm caused by a competition infringement can effectively claim full compensation and gave … Continue reading Private damages in the new digital regulations – A fine balance to tread