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Platform divergence and geographic divergence after Microsoft/Activision and Apple v CMA
Continue reading: Platform divergence and geographic divergence after Microsoft/Activision and Apple v CMAIn January 2022, we first reported on the CMA’s concerns that Apple had been blocking cloud gaming apps on the App Store (Google does allow those apps on Play Store but does not allow in-app purchases to be completed within cloud gaming apps). The CMA referred this issue to a full market investigation on 22…
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European Commission adopts first DMA designation decisions
Continue reading: European Commission adopts first DMA designation decisionsToday marks a milestone in EU platform regulation. The European Commission adopted the first “designation” decisions under the Digital Markets Act (or DMA). Those decisions designate as “gatekeepers” certain tech companies which offer core platform services that meet specific quantitative criteria (e.g., they reach 45 million end users). The tech companies that have been designated as gatekeepers…
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The proposed Platform Work Directive and employment status misclassification: Distinguishing between employers and digital labour intermediaries
Continue reading: The proposed Platform Work Directive and employment status misclassification: Distinguishing between employers and digital labour intermediariesOn 9 December 2021, the European Commission (“Commission”) published a proposal for a Directive on improving conditions in platform work (“Platform Work Directive” or “PWD”). This initiative adds to the EU’s portfolio in the area of platform regulation but contrary to other instruments that deal with platform-to-business and platform-to-consumer relations (e.g., the Digital Markets Act, the Digital Services Act),…
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Amazon/iRobot: Does Amazon have an incentive to preference its own products?
Continue reading: Amazon/iRobot: Does Amazon have an incentive to preference its own products?We have previously posted about Amazon’s acquisition of the robot vacuum cleaner (“RVC”) brand, iRobot, for $1.7 billion. The case has now been cleared by the UK Competition and Markets Authority (“CMA”) at Phase 1, and referred to Phase 2 for an in-depth investigation by the European Commission. We therefore have another case of diverging…
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Article 6(12) of the Digital Markets Act: Implementing the FRAND requirement
Continue reading: Article 6(12) of the Digital Markets Act: Implementing the FRAND requirementOne of the most intriguing provisions of the Digital Markets Act (“DMA”) is Article 6(12), which provides that the designated gatekeeper shall apply “fair, reasonable, and non-discriminatory general conditions of access for business users to its software application stores, online search engines and online social networking services …” Thus, Article 6(12) only applies to three…
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Generative AI and the media sector: Preliminary thoughts on a legal and policy agenda
Continue reading: Generative AI and the media sector: Preliminary thoughts on a legal and policy agendaGenerative AI (or “GenAI”) is undoubtedly becoming the buzz term of the year. However, amid the excitement about new tools that have emerged, the Italian data protection authority announced in March that it was temporarily blocking ChatGPT. In May, the US Senate held a hearing on the oversight of AI where the need for regulation…
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In defence of judicial review: The established UK appeal standard is the best approach for a dynamic digital economy
Continue reading: In defence of judicial review: The established UK appeal standard is the best approach for a dynamic digital economyAs readers of this blog will know, the UK’s Digital Markets, Competition and Consumers (“DMCC”) Bill seeks to create a brand-new ex ante regulatory framework for firms with ‘strategic market status’ (“SMS”), defined as firms that hold substantial and entrenched market power in a digital activity, that provides them with a position of strategic significance.…
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Why the Proposed Commitments offered by Google to the UK competition authority regarding in-app purchases are wrong and will make the situation of app developers worse
Continue reading: Why the Proposed Commitments offered by Google to the UK competition authority regarding in-app purchases are wrong and will make the situation of app developers worseIntroduction On 19 April 2023, the Competition and Markets Authority (“CMA”) issued a consultation over the commitments proposed by Google (the “Proposed Commitments”) to bring the CMA’s investigation into its conduct in relation to Google’s distribution of apps on Android devices in the UK to an end. The consultation period ended on Friday 19 May…
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Fashionably late: The UK digital markets legislation starts its passage through Parliament
Continue reading: Fashionably late: The UK digital markets legislation starts its passage through ParliamentMore than four years after the Furman Report, the British Government has laid its Digital Markets, Competition and Consumers Bill before Parliament. However, what is perhaps more remarkable than the delays is how closely the Bill sticks to the CMA’s original recommendations. One can always quibble over some of the drafting, but overall this is…
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The draft Media Bill: The UK’s take on prominence and findability regulation in the digital era
Continue reading: The draft Media Bill: The UK’s take on prominence and findability regulation in the digital eraThe UK Department for Digital, Culture, Media and Sport recently published the draft Media Bill. This is an initiative that media organisations operating in the UK (and beyond) have been eagerly anticipating, for it will determine media policy in a post-Brexit Britain. The Media Bill may also serve as a blueprint for how media regulation in…