Platform antitrust/regulation in 2023: Our eleven predictions

Happy New Year to all! The authors of this blog wish you the best for what will be a thrilling year for those interested in platforms. It has never been more exciting to operate in the tech space. To start the new year, we have put our heads together to make eleven predictions about 2023. … Continue reading Platform antitrust/regulation in 2023: Our eleven predictions

Amazon settles EU allegations regarding third-party sellers on Amazon Marketplace: some progress made but much remains to be done

The European Commission has accepted a set of legally-binding commitments offered by Amazon to settle two long-running antitrust investigations into whether Amazon has abused its dominant position in e-commerce.  In doing so, the Commission will not issue a formal infringement decision and will not impose a fine.   This is a significant outcome for these … Continue reading Amazon settles EU allegations regarding third-party sellers on Amazon Marketplace: some progress made but much remains to be done

The draft Implementing Regulation of the Digital Markets Act: Initial thoughts

On Friday 9 December 2022, the European Commission (“Commission”) published three documents relating to the implementation of the Digital Markets Act. The draft implementing regulation, which provides further practical details as to the implementation of the DMA; Annex 1, which is the Form GD (for gatekeeper designation); and Annex 2, which deals with the format … Continue reading The draft Implementing Regulation of the Digital Markets Act: Initial thoughts

Why it is now clear that the Australian ex ante regime will be much closer to the proposed UK regime than the EU Digital Markets Act

On 11 November 2022, the Australian Competition and Consumer Commission (“ACCC”) released the fifth interim report for the Digital Platform Services inquiry (the “Interim Report”). This report recommends a range of new measures to address harms from digital platforms to Australian consumers, small businesses and competition. The diagnostic of the ACCC is not different from … Continue reading Why it is now clear that the Australian ex ante regime will be much closer to the proposed UK regime than the EU Digital Markets Act

The DMA has been published: Now the real challenges start

The Digital Market Act (“DMA”) has been published today. It is a remarkable instrument in many ways. Since the publication of the Commission proposal in December 2020, it took less than 1.5 years for the Council and the Parliament to agree on the final text. The supersonic adoption of the DMA was due to several … Continue reading The DMA has been published: Now the real challenges start

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