Author: Sam Wolters
-
When Hosting Becomes Doing: The Narrowing of the Platform Liability Exemption from the e-Commerce Directive to the DSA
Three recent CJEU judgments, Russmedia, Coyote System and AGCOM v Google Ireland, significantly narrow the hosting-liability exemption that platforms have long relied on. This blog explains what the rulings mean for platform operators under the DSA’s Articles 6 and 8, and where tensions remain with VLOP due-diligence duties.
-
Swedish Court Overturns Fine for Agreement Not to Bid on Competitors’ Brands as Google Ads Keywords
On June 4, 2026, the Stockholm District Court’s Patent and Market Court annulled a fine against Min Doktor for a non-brand bidding agreement with competitors. The Court determined that such agreements do not inherently restrict competition “by object,” marking a significant development in EU competition law regarding keyword bidding practices and their effects on market…
-
Why deep tech cannot adequately tap into European public sector support (and what to do about it)
Europe is stuck in a static industrial structure with few new companies rising up to disrupt existing industries or develop new growth engines. This is not because we lack ambition, ideas, or talent, but because we fail to translate innovation into commercialisation. Europe’s lack of industrial dynamism owes in large part to weaknesses along the…
-
APP STORE CLAIMS: ANOTHER IMPORTANT LINK TO THE CJEU’S CHAIN IN PRIVATE ENFORCEMENT CASES
As private antitrust litigation against tech companies becomes increasingly common, courts are increasingly called upon to determine international and territorial jurisdiction for antitrust infringements that are committed in the EU without any physical location. The EU jurisdictional rule in Article 7(2) of the Brussels I-bis Regulation (Brussels I-bis) for tort cases uses the place where…
-
The Bits of Freedom ruling: the first step in private DSA enforcement
With the Digital Services Act (DSA) entering into force on 17 February 2024, it was only a matter of time before private parties began to exercise their rights in civil courts. On 2 October 2025, the Amsterdam District Court delivered the first judgment in a private claim brought under the DSA.[1] In this case BoF,…
-
The Dawn of DSA Enforcement: Lessons from the Digital Services Coordinators’ First Annual Reports
Introduction The Digital Services Act: A Paradigm Shift in Platform Regulation The European Union’s Regulation (EU) 2022/2065, the Digital Services Act (DSA), represents a landmark shift in the governance of the digital sphere. Fully applicable since 17 February 2024, the DSA establishes a harmonised legal framework intended to create a safer, more predictable, and trusted…