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The interplay between digital regulations (and what it means for regulatory cooperation)
Continue reading: The interplay between digital regulations (and what it means for regulatory cooperation)A few years ago, digital services were mainly subject to horizontal rules (i.e., rules that apply to all sectors of the economy), such as competition rules, consumer protection regulation, and data protection regulation. Until recently, these rules were not well-equipped to address the challenges posed by digital technologies. As regards sector-specific instruments, digital services were…
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The EU Court of Justice’s judgment in Intel II and its implications for the draft Guidelines
Continue reading: The EU Court of Justice’s judgment in Intel II and its implications for the draft GuidelinesEver since the adoption in February 2009 of the European Commission’s Guidance Paper on its enforcement priorities in applying Article 102 (then 82) and in May 2009 of its decision in the Intel case, the correct analytical framework for rebates granted by dominant undertakings has been the subject of significant debate. The Commission sought to…
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The Vodafone/Three merger: the CMA seems inclined towards a gruelling remedy, but it’s not yet a done deal
Continue reading: The Vodafone/Three merger: the CMA seems inclined towards a gruelling remedy, but it’s not yet a done dealThe CMA never clears a merger on the basis of behavioural remedies. Such remedies do not deal with the source of the competition problem, they are susceptible to circumvention, they distort markets, and they are difficult to monitor. Everyone knows that. The CMA was so wedded to this principle that it was willing to die…
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Generative Artificial Intelligence and Competition: The Main Takeaways of the Recent Opinion Issued by the French Competition Authority
Continue reading: Generative Artificial Intelligence and Competition: The Main Takeaways of the Recent Opinion Issued by the French Competition AuthorityTaking stock of the phenomenal rise of generative Artificial Intelligence (“AI”), competition enforcement authorities throughout the world are actively engaging in research and consultations to identify and prevent potential violations of competition laws in this sector. It is in this context that the French Competition Authority (the “FCA”) issued its first opinion on the competitive…
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The end or the beginning of an era? The Court of Justice delivers its verdict in the Google Shopping case
Continue reading: The end or the beginning of an era? The Court of Justice delivers its verdict in the Google Shopping caseThe long-awaited judgment from the European Court of Justice (“CJEU”) in the Google Shopping saga has finally arrived. On 10 September 2024, following a case that started with an investigation in 2010 and spanned nearly one and a half decades, the CJEU rejected Google’s appeal and delivered a huge victory for the European Commission (“Commission”). …
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The Draghi report on EU competition law – A welcome attempt to answer Europe’s Goldilocks dilemma
Continue reading: The Draghi report on EU competition law – A welcome attempt to answer Europe’s Goldilocks dilemmaThis week, Mario Draghi presented his long-anticipated report on European Competitiveness to European Commission President Ursula von der Leyen. Reporters were quick to say that Mr Draghi’s plans already looked impossible after the German Finance Minister dismissed his recommendation for more joint borrowing in the EU. But this may miss the point of reports like…
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Ten reasons why Apple’s App Store terms are still not compliant with the DMA
Continue reading: Ten reasons why Apple’s App Store terms are still not compliant with the DMAApple had until 7 March 2024 to adopt the necessary measures to ensure that the terms and conditions it applies to app developers and app users within its mobile ecosystem comply with the app store-related provisions of the Digital Markets Act (“DMA”). These provisions essentially seek to stimulate competition in app distribution and content acquisition…
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A Dutch Merricks? Amsterdam Court of Appeal rules on fundamentals of class actions in TPC v Oracle and Salesforce
Continue reading: A Dutch Merricks? Amsterdam Court of Appeal rules on fundamentals of class actions in TPC v Oracle and SalesforceClass actions in which damages can be awarded on a collective basis are still a relatively new phenomenon in Europe, with the UK, Portuguese and Dutch opt-out collective action regimes seen as frontrunners. It has dawned on policymakers and lawyers alike that damages can be suffered across a broad and disparate group of victims, which…
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A Voice of Reason: European Publishers Council Submits Concrete Proposals to the EC for Strict Enforcement of DMA’s App Store Rules
Continue reading: A Voice of Reason: European Publishers Council Submits Concrete Proposals to the EC for Strict Enforcement of DMA’s App Store RulesYesterday, the European Publishers Council (“EPC”) published a press release, whereby they had submitted a comprehensive report to the European Commission (EC), (i) demonstrating why Apple and Google’s respective implementation of the app-store related provisions are in breach of the DMA and (ii) providing a way forward to ensure greater contestability and fairness in mobile…
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Vodafone/Three switcheroo: would the introduction of a different fourth player get the merger through?
Continue reading: Vodafone/Three switcheroo: would the introduction of a different fourth player get the merger through?If Vodafone and Three merge, it will be the first time that the UK telecoms market would have less than four network operators since Orange and One2One entered the market in the early 1990s. The CMA would nowadays be expected to block 4-to-3 mergers, especially where there is little chance of a new market entrant,…