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The Commission’s SO to Apple and anticompetitive effects: A Rejoinder
Continue reading: The Commission’s SO to Apple and anticompetitive effects: A RejoinderIn a recent blog post, Pablo Ibanez Colomo responded to the observations I had made on his reaction to the issuance of a Statement of Objections in the Apple music streaming case. In this post, I would like to briefly react to Pablo’s response, but also raise additional questions over the application of the so-called…
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Further thoughts on the Commission’s Statement of Objections to Apple on App Store rules for music streaming providers
Continue reading: Further thoughts on the Commission’s Statement of Objections to Apple on App Store rules for music streaming providersOne of the great features of competition law as a discipline is that reasonable people can have different views on the application of the law to the same set of facts. There is therefore scope for discussion and, especially in the digital sector, passionate debates. In this respect, my reaction to the news that the…
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The need for coordination among digital regulators: The example of the UK Digital Regulation Cooperation Forum
Continue reading: The need for coordination among digital regulators: The example of the UK Digital Regulation Cooperation ForumWork on digital regulation in the UK continues apace. The Digital Regulation Cooperation Forum (DRCF) is an initiative that brings together the four regulators who are most involved in digital matters – the Competition and Markets Authority (CMA), Ofcom, the Information Commissioner’s Office (ICO) and, since 1 April, the Financial Conduct Authority (FCA). That’s a lot of anachronyms to digest, but don’t stop reading: the DRCF is important! It shows that the…
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EU sends Apple Statement of Objections (music streaming services)
Continue reading: EU sends Apple Statement of Objections (music streaming services)Just a few days after the Australian Competition & Consumer Commission released its interim report on app marketplaces finding that “Apple’s App Store and Google’s Play Store have significant market power in the distribution of mobile apps in Australia,” the European Commission addressed to Apple a Statement of Objections over its App Store rules for…
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Competition Authorities must – really – deal with privacy.
Continue reading: Competition Authorities must – really – deal with privacy.Calls on Competition Authorities to give proper consideration to privacy and data protection concerns in their antitrust and merger investigations are not a new thing. Large digital platforms have long raised privacy and competition concerns due to their ability to collect troves of data from their business and consumer-facing products and use them internally as they deem…
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What can we learn from Apple and Epic Games’ Findings of Facts and Conclusions of Law in their US litigation?
Continue reading: What can we learn from Apple and Epic Games’ Findings of Facts and Conclusions of Law in their US litigation?With the bench trial in the Epic Games’ lawsuit against Apple starting on 3 May 2021 and in the broader context of the various investigations launched against Apple by the European Commission, the Dutch ACM and the UK CMA, the purpose of this blog post is to discuss some of the most interesting aspects (at…
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Is the Commission abandoning the effects-based approach in antitrust enforcement? And do the latter’s strict requirements led to the DMA proposal?
Continue reading: Is the Commission abandoning the effects-based approach in antitrust enforcement? And do the latter’s strict requirements led to the DMA proposal?A few days ago, Global Competition Review announced that Carles Esteva Mosso, Deputy-Director General at DG Competition, would leave the Commission to join Latham & Watkins in Brussels. The article contained various quotes from Latham partners bracing themselves for their new recruit, but also the following comment from a well-known member of the Brussels competition…
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DMA proposal: Should there be a greater role for the Member States?
Continue reading: DMA proposal: Should there be a greater role for the Member States?One of the striking features of the DMA proposal is that it only grants a minimal role to the Member States, the Commission opting for the centralization of the implementation and enforcement of the DMA at EU level. The question is whether this approach is desirable. It seems that Member States such as Germany, Belgium,…
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The CJEU’s ruling on Slovak Telekom, and what it means for cases involving dominant digital platforms
Continue reading: The CJEU’s ruling on Slovak Telekom, and what it means for cases involving dominant digital platformsLast week the CJEU delivered its judgment in case C-165/19 P dismissing the appeal brought by Slovak Telekom (“ST”) against the judgment of the General Court of 13 December 2018 (T‑851/14). Damien was representing ST alongside Robert O’Donoghue from Brick Court Chambers. The case concerns a 2014 infringement decision of the Commission, whereby the latter found…
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Apple and Google’s lowering of app store fees to “help” developers : Separating the wheat from the chaff
Continue reading: Apple and Google’s lowering of app store fees to “help” developers : Separating the wheat from the chaffApp developers that sell “digital goods or services” on the App Store or Google Play must use these app stores’ in-app payment solutions (respectively called In-App Purchase or “IAP” in the case of the App Store and Google Play Billing or “GPB” in the case of Google Play). The mandatory use of IAP or GPB…