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The Dawn of DSA Enforcement: Lessons from the Digital Services Coordinators’ First Annual Reports
Continue reading: The Dawn of DSA Enforcement: Lessons from the Digital Services Coordinators’ First Annual ReportsIntroduction The Digital Services Act: A Paradigm Shift in Platform Regulation The European Union’s Regulation (EU) 2022/2065, the Digital Services Act (DSA), represents a landmark shift in the governance of the digital sphere. Fully applicable since 17 February 2024, the DSA establishes a harmonised legal framework intended to create a safer, more predictable, and trusted…
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The Zalando, Meta and TikTok rulings: key takeaways from the first three DSA judgments of the General court
Continue reading: The Zalando, Meta and TikTok rulings: key takeaways from the first three DSA judgments of the General courtBy Marc Barennes,[1] Jérémie Jourdan[2] and Maria Gravvani[3] Introduction The Digital Services Act (“DSA”)[4] regulates online intermediaries and platforms such as marketplaces, social networks, content-sharing platforms, app stores, and online travel and accommodation platforms which are offered to users (aka ‘recipients of the service’[5]) located in the European Union.[6] Its main goal is to prevent illegal and harmful activities…
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Reform of Regulation 1/2003 and access to the file: is the DMA/DSA approach helpful?
Continue reading: Reform of Regulation 1/2003 and access to the file: is the DMA/DSA approach helpful?The answer to the question posed in the title is simple: “No”. This note explains the reasons why. Access to the file after the adoption of a Statement of Objections (SO) in EU competition law enforcement procedures is a time consuming and painful process for all involved. It is, however, an essential way to ensure…
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The DOJ’s remedy proposal in Google Ad Tech – Correcting a broken market
Continue reading: The DOJ’s remedy proposal in Google Ad Tech – Correcting a broken marketOn 17 April 2025, Judge Leonie Brinkema of the U.S. District Court for the Eastern District of Virginia ruled that Google monopolised two digital advertising technology markets and unlawfully tied its publisher ad server (“DFP”) and its ad exchange (“AdX”). This marked a huge success for the U.S. federal government and 17 states who had…
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DMA Enforcement and National Competition Authorities
Continue reading: DMA Enforcement and National Competition AuthoritiesThe Digital Markets Act (DMA) establishes a centralised enforcement model whereby the European Commission “is the sole authority empowered to enforce [the DMA]” (see recital 91). National authorities are the Commission’s enforcement partners. This is explicitly stated in Article 37 of the DMA, which states that the Commission and the Member States shall “work in…
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Cooperation between the French Competition and Data Protection Authorities: Will They Live Happily Ever After?
Continue reading: Cooperation between the French Competition and Data Protection Authorities: Will They Live Happily Ever After?In a digital landscape increasingly shaped by complex European regulations – GDPR, DMA, DSA, AI Act, to name just a few – cooperation between Regulators is not only relevant but essential. Our distinguished colleague Dr Konstantina Bania has already explored this topic in a previous Post, to which we refer the reader. This Post focuses on the French perspective,…
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Recent developments in news markets and what they mean for competition law and regulation
Continue reading: Recent developments in news markets and what they mean for competition law and regulationOver the past few weeks, two important developments have taken place that affect news (and, more broadly, content) markets. Both these developments concern Google. First, Google published the result of an experiment it had conducted to assess whether news content is valuable to its properties. Second, Google announced that it would start providing its AI…
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The judgment of the CJEU in Android Auto: Redefining the essential facilities doctrine for the digital economy
Continue reading: The judgment of the CJEU in Android Auto: Redefining the essential facilities doctrine for the digital economyOn 25 February 2025, the Court of Justice of the EU (CJEU) delivered its judgment in Android Auto, which refined the so-called essential facilities doctrine. This doctrine is one of the most debated concepts in (EU) competition law because it challenges the freedom of dominant undertakings to conduct a business by imposing an obligation to…
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The Recent ASG 2 Ruling: the Court of Justice of the EU Confirms the Right of Consumers and Undertakings to Bundle their Damages Claims in the Absence of a Collective Action Mechanism
Continue reading: The Recent ASG 2 Ruling: the Court of Justice of the EU Confirms the Right of Consumers and Undertakings to Bundle their Damages Claims in the Absence of a Collective Action MechanismAntitrust damages claimants, both in Germany and the rest of the European Union (“EU”), have reasons to rejoice. In its ASG 2 ruling delivered on 28 January 2025 (hereafter the “Ruling” )1, the Grand Chamber of the Court of Justice of the European Union (“ECJ”) ruled, in essence, that in the absence of an effective collective action…
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US/EU relations and the digital regulation acquis: bridging the gap
Continue reading: US/EU relations and the digital regulation acquis: bridging the gapOver the past few weeks, there has been a growing concern regarding the potential impact of geo-political developments on EU regulations, notably regulations for digital markets. More recently, on 23 February 2025, the Committee on the Judiciary of the US House of Representatives sent a letter to EVP Ribera to (a) inform the European Commission…