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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…
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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…
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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…
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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…
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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…
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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…
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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…
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Epic Games files lawsuits against Apple and Google
Continue reading: Epic Games files lawsuits against Apple and GoogleOn 13 August 2020, Epic Games filed lawsuits against Apple and Google in the U.S. District Court Northern District of California alleging their use of a series of anti-competitive restraints and monopolistic practices in the markets for (i) the distribution of apps to users of mobile computing devices like smartphones and tablets, and (ii) the…
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Apple App Store’s Commission Rates study misses the mark
Continue reading: Apple App Store’s Commission Rates study misses the markOn 22 July 2020, i.e. a few days away from the Congressional hearing (which may however be postponed) where the CEOs of Google, Apple, Facebook and Amazon are expected to testify, the Analysis Group released an Apple-sponsored study entitled “Apple’s App Store and Other Digital Marketplaces: A Comparison of Commission Rates”. The purpose of this…
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The CMA publishes Final Report on online platforms and digital advertising
Continue reading: The CMA publishes Final Report on online platforms and digital advertisingLast 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…