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 UK’s Digital Markets Unit: we’re not making any progress, but we promise we will “in due course”

In the UK’s slow journey towards its Digital Markets Unit (“DMU”) regime, the Government has published its formal response to last summer’s consultation document (the “Response Document”). We now know that the necessary legislation will not be included in the next session of Parliament, and therefore will not be enacted within the next year, but … Continue reading The UK’s Digital Markets Unit: we’re not making any progress, but we promise we will “in due course”

When Brexit means falling behind: The probable death of the DMU regime

Everything had started well with the excellent Furman report, which emphasized the need to adopt an ex ante regulatory regime that would apply to Big Tech firms in the UK. That report had indeed found that competition rules would not be sufficient to control these firms’ market power.  The UK had the lead and was … Continue reading When Brexit means falling behind: The probable death of the DMU regime

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

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 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 UK’s regulatory regime for Big Tech: will the Government dare to make it more effective?

The British Government’s consultation on the design of the new regulatory regime for Big Tech (the “Consultation”) closed on Friday.  We gave our initial thoughts on this legislation back in July.  This blog post picks out some of the other important issues. For the most part, the Government has followed the advice of the CMA’s … Continue reading The UK’s regulatory regime for Big Tech: will the Government dare to make it more effective?

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