CMA market study into music streaming – What you need to know

The CMA has today launched a market study into music streaming. This is a step that could lead to a range of interventions: The CMA could issue guidance or recommendations;It could launch enforcement action under its antitrust powers (as happened after the electric vehicle charging market study); orIt could make a market investigation reference, which … Continue reading CMA market study into music streaming – What you need to know

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 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?

New paper on the App Store shows why antitrust intervention is needed

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

The CMA publishes Final Report on online platforms and digital advertising

Last Wednesday the CMA published its voluminous Final Report on its market study on online platforms and digital advertising, accompanied by 27 (!) detailed Appendices. This is a massive piece of work, and the CMA should be commended for completing it within just one year. The Report examines ad-funded online platforms with a focus on … Continue reading The CMA publishes Final Report on online platforms and digital advertising

The App Store and antitrust: Lofty statements by Apple executive and academic friendly to Apple’s views don’t do the trick

On 16 June 2020, the European Commission opened formal antitrust investigations to assess whether Apple's rules for app developers on the distribution of apps via the App Store violate EU competition rules.  The Commission's press release states that the Commission will investigate in particular two restrictions imposed by Apple in its agreements with companies that … Continue reading The App Store and antitrust: Lofty statements by Apple executive and academic friendly to Apple’s views don’t do the trick

European Commission to send a statement of objections to Amazon. No, this is not protectionism.

Yesterday The Wall Street Journal broke the news that the EU is about to formally charge Amazon regarding its treatment of third-party sellers on its marketplace. The European Commission - which has been investigating Amazon since September 2018 - is expected to issue a Statement of Objection during the summer, whereby it will lay down … Continue reading European Commission to send a statement of objections to Amazon. No, this is not protectionism.

Why is ex ante regulation of systemic online platforms needed on top of competition law?

One of the hottest issues on the agenda of the European Commission with respect to Europe’s Digital Future relates to whether certain online platforms – generally referred to as “gatekeepers” or “systemic platforms” – should be subject to ex ante regulation designed to control their market power and ensure the contestability of digital markets. Speaking before the European Parliament’s Internal Market … Continue reading Why is ex ante regulation of systemic online platforms needed on top of competition law?