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The CMA Final Report on the Mobile Ecosystems market study: a repudiation of Apple’s narrative over privacy and safety as justifications for the status quo
Continue reading: The CMA Final Report on the Mobile Ecosystems market study: a repudiation of Apple’s narrative over privacy and safety as justifications for the status quoOn 10 June 2022, the UK Competition and Markets Authority (CMA) published its Final Report on its year-long market study into mobile ecosystems – namely mobile operating systems, app stores, and web browsers. The CMA found that Apple and Google have a tight grip over these increasingly crucial ecosystems, which in turn places them in…
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The CMA takes matters into its own hands with browsers and cloud gaming market investigation references
Continue reading: The CMA takes matters into its own hands with browsers and cloud gaming market investigation referencesThe UK’s Competition and Markets Authority (“CMA”) has published its report into mobile ecosystems a few days before its statutory deadline. This market study has focused on mobile browsers, mobile operating systems and app stores. Following the UK Government’s disappointing decision to delay the necessary legislation that will give the Digital Markets Unit (“DMU”) its…
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Servizio, competition on the merits, and Google Shopping
Continue reading: Servizio, competition on the merits, and Google ShoppingThis is the second post on the CJEU’s judgment in Servizio, a preliminary ruling concerning the interpretation of Article 102 TFEU (see here for the first post discussing the relevance of consumer welfare and actual effects in establishing an abuse under Article 102 TFEU). In this post I would like to discuss the concept of…
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The judgment of the Court of Justice in Servizio (C-377/20) – Part I
Continue reading: The judgment of the Court of Justice in Servizio (C-377/20) – Part IOn 12 May, the Court of Justice delivered its eagerly anticipated judgment in Servizio (C-377/20), a preliminary ruling concerning the interpretation of Article 102 TFEU. This is a very interesting ruling for a variety of reasons: First, the conduct in question involved the (allegedly) abusive use of a database, and in particular the discriminatory use…
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Embracing rather than fighting digital regulation: Microsoft’s vision for the future
Continue reading: Embracing rather than fighting digital regulation: Microsoft’s vision for the futureYesterday, 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…
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The UK’s Digital Markets Unit: we’re not making any progress, but we promise we will “in due course”
Continue reading: 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…
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When Brexit means falling behind: The probable death of the DMU regime
Continue reading: When Brexit means falling behind: The probable death of the DMU regimeEverything 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…
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The European Media Freedom Act: A bold move raising bold questions
Continue reading: The European Media Freedom Act: A bold move raising bold questionsDigital regulation “aficionados” have been busy with the political agreement the EU institutions reached on the Digital Markets Act (“DMA”) and the Digital Services Act (“DSA”). Nevertheless, there is another initiative in the pipeline that may not have received much attention to date, namely the European Media Freedom Act (“EMFA”). This initiative raises a number of questions: Could the EMFA undermine…
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The leaked “final” version of the Digital Markets Act: A summary in ten points
Continue reading: The leaked “final” version of the Digital Markets Act: A summary in ten pointsLast 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…
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The fast growing concentration of the connected TV OS market: Getting Ahead of Another Big Tech Duopoly, Before It’s Too Late
Continue reading: The fast growing concentration of the connected TV OS market: Getting Ahead of Another Big Tech Duopoly, Before It’s Too LateThe European Commission recently published its final report into the Internet of Things, with Executive Vice-President Vestager stating: “The consumer Internet of Things sector is increasingly becoming part of our everyday life … This is a market with high barriers to entry, few vertically integrated players and concerns about access to data, interoperability or exclusivity…