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The App Store and antitrust: Lofty statements by Apple executive and academic friendly to Apple’s views don’t do the trick
Continue reading: The App Store and antitrust: Lofty statements by Apple executive and academic friendly to Apple’s views don’t do the trickOn 16 June 2020, the European Commission opened formal antitrust investigations to assess whether Apple’s rules for app developers on the distribution of apps via the App Store violate EU competition rules. The Commission’s press release states that the Commission will investigate in particular two restrictions imposed by Apple in its agreements with companies that…
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CNIL, Europe’s strictest Data Protection Authority, is not invincible after all
Continue reading: CNIL, Europe’s strictest Data Protection Authority, is not invincible after allThe French Commission Nationale de l’informatique et des Libertés (CNIL), known for its strict interpretation and zealous enforcement of the General Data Protection Regulation (who can forget the €50 million fine it imposed on Google?), must now partially change its draft guidelines on cookies and other trackers after a ruling of the Conseil d’État. The…
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The ACCC publishes Statement of Issues on the Google/Fitbit merger
Continue reading: The ACCC publishes Statement of Issues on the Google/Fitbit mergerThe Australian Competition & Consumer Commission (“ACCC”) published today a Statement of Issues outlining its preliminary views on competition concerns arising from the proposed acquisition of Fitbit (a company that develops, manufactures and distributes wrist-worn wearable devices) by Google. The Australian watchdog raises two main concerns regarding the proposed acquisition. First, that it is likely…
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EU probes Apple over App Store rules
Continue reading: EU probes Apple over App Store rulesIt is official: the European Commission has opened an investigation into Apple over App Store rules (in parallel, the Commission also launched an investigation into Apple’s practices over Apple Pay). The investigation follows a complaint filed by Spotify in March 2019, whereby the music streaming service took issue with Apple’s 30% commission levied on in-app…
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European Commission to send a statement of objections to Amazon. No, this is not protectionism.
Continue reading: European Commission to send a statement of objections to Amazon. No, this is not protectionism.Yesterday The Wall Street Journal broke the news that the EU is about to formally charge Amazon regarding its treatment of third-party sellers on its marketplace. The European Commission – which has been investigating Amazon since September 2018 – is expected to issue a Statement of Objection during the summer, whereby it will lay down…
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The Autorité de la concurrence publishes study on competition and e-commerce
Continue reading: The Autorité de la concurrence publishes study on competition and e-commerceDigital technologies have considerably changed the way commerce and distribution work. Internet sales are growing exponentially. Numerous offline retailers are now marketing their products and services online, and “pure play” retailers, almost exclusively active in internet sales, have emerged. At the same time, digital technologies (e.g. smartphones, tablets, augmented technologies) are increasingly forming part of the…
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Countdown to the ex ante regulation of online platforms: the Commission launches public consultation and publishes inception impact assessment
Continue reading: Countdown to the ex ante regulation of online platforms: the Commission launches public consultation and publishes inception impact assessmentYesterday marked the beginning of a busy summer on the regulatory front, as the European Commission fired the starting gun for the regulation of digital platforms. The Commission launched a public consultation on the Digital Services Act (“DSA”), a much-awaited package announced in the political guidelines of the new Commission and in the Commission’s Communication “Shaping…
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Questions and answers with Horacio Gutierrez, Spotify’s Head of Global Affairs and Chief Legal Officer
Continue reading: Questions and answers with Horacio Gutierrez, Spotify’s Head of Global Affairs and Chief Legal OfficerToday, I am delighted to interview my friend Horacio Gutierrez, Spotify’s Head of Global Affairs and Chief Legal Officer. Just as the Commission launched its public consultation on the DSA package, it is a great time to discuss with Horacio the future of innovation, competition and regulation in digital markets. Horacio, could you tell us…
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Interview with Jorge Padilla on his “platform envelopment” theory through privacy policy tying
Continue reading: Interview with Jorge Padilla on his “platform envelopment” theory through privacy policy tyingThe Platform Law Blog has interviewed Jorge Padilla, one of the world’s leading antitrust economists, on the “platform envelopment” theory through privacy policy tying, which he developed together with Daniele Condorelli. Jorge’s work is always insightful (and I can vouch to that having worked with Jorge on multiple occasions) and his recent co-authored papers on…
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Should the EU’s forthcoming ex ante regulation of digital gatekeepers be based on the EU regulatory framework for electronic communications?
Continue reading: Should the EU’s forthcoming ex ante regulation of digital gatekeepers be based on the EU regulatory framework for electronic communications?As discussed in a prior post, the European Commission is currently working on an ex ante regulation to control the market power of so-called “digital gatekeepers” or “systemic platforms”. An idea floated by some would be to base this ex ante regulation on the EU regulatory framework for electronic communications. The main features of this…