-

How tech platforms act as private regulators of privacy
Continue reading: How tech platforms act as private regulators of privacyIn an insightful article on AdExchanger, Allison Schiff notes that the ad industry is facing two interrelated “existential threats“: government legislation (think of e.g., the GDPR or the CCPA) and policy changes coming from big tech (Google and Apple). But, contrary to what one might initially think, it is the platforms’ changes that are the…
-
The Digital Markets Act : How should ex ante rules look like?
Continue reading: The Digital Markets Act : How should ex ante rules look like?As we are now less than 6 weeks away from the expected publication by the Commission of its proposals on ex ante regulation for so-called “digital gatekeepers” and the New Competition Tool (“NCT”), rumours abound as to the exact scope and content of these proposals. What seems clear now is that the ex ante regulation…
-
The U.S. v. Google: A preliminary analysis in ten points
Continue reading: The U.S. v. Google: A preliminary analysis in ten pointsLike many antitrust lawyers, yesterday I spent most of my evening reading the DoJ complaint against Google. Although I need to read again several parts, here is my preliminary analysis summarized in ten points: This is not a political case of the type some predicted. It has nothing to do with Google search being allegedly…
-

What is a digital gatekeeper (Part 2)? The relevance of the single-homing v. multi-homing debate
Continue reading: What is a digital gatekeeper (Part 2)? The relevance of the single-homing v. multi-homing debateAs the Commission has announced that it will issue its proposal for ex ante regulation for so-called digital gatekeepers in the beginning of December, there are growing rumours about the form this regulation will take, the platforms that will be captured and the substantive rules that will be contained in this regulation. As to the…
-
What is a digital gatekeeper?
Continue reading: What is a digital gatekeeper?As the European Commission is digesting the (voluminous) results of its public consultation on the upcoming Digital Services Act (“DSA”) package and preparing a proposal for what is described in its “Inception Impact Assessment” as an “ex ante regulatory instrument for large online platforms with significant network effects acting as gate-keepers in the European Union’s…
-

CNIL adopts final Guidelines and Recommendation on the use of cookies and other trackers
Continue reading: CNIL adopts final Guidelines and Recommendation on the use of cookies and other trackersThe French Data Protection Authority (“CNIL”) published yesterday its amended Guidelines and its final Recommendation on the use of cookies and other trackers, marking a “turning point both for the online advertising sector and for internet users, who will now be able to exercise better control over online trackers”. The Amended Guidelines Following the…
-
Google’s improvements to Google Play: A preliminary review
Continue reading: Google’s improvements to Google Play: A preliminary reviewAs has been widely reported in the press, Google has decided to adopt a more aggressive approach to the enforcement of the obligation imposed on app developers offering in-app purchases of digital goods on Google Play to use Google’s proprietary payment solution “Google Play In-App Billing” and pay the associated 30% commission. At the same…
-

New paper on the App Store shows why antitrust intervention is needed
Continue reading: New paper on the App Store shows why antitrust intervention is neededLast 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…
-

ACCC to issue report on app marketplaces in March 2021
Continue reading: ACCC to issue report on app marketplaces in March 2021Saying that the Australian Competition and Consumer Commission has become quite active in the digital front would be an understatement. After delivering a pioneering report into digital platforms in 2019, it kicked off a five-year inquiry into digital platform services in 2020 and another inquiry in ad tech services (even though one might say we…
-
Competition law and digital gatekeepers: Too many studies, too little enforcement?
Continue reading: Competition law and digital gatekeepers: Too many studies, too little enforcement?The past couple of years have seen the launch and, in most cases, completion of multiple studies by competition authorities as well as independent bodies on what needs to be done to address the competition challenges created by large digital platforms (see, e.g., the UK Furman report, the U.S. Stigler report, the EC Competition Policy…