Tag: DMA
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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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Looking ahead at private enforcement of the DMA and why the DB Station judgment does not hinder standalone damages claims
As we approach the anniversary of the date the first designated gatekeepers had to comply with the Digital Markets Act (DMA), it seems appropriate to delve deeper into the (private) enforcement aspect of the regulation. This is even more fitting given the recent rumours that the European Commission (Commission) is re-evaluating its probes into Apple, Meta and…
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Interview with Martijn Snoep, Head of the Dutch competition authority
Partners Ruben Elkerbout and Stijn Huijts had the pleasure of catching up with Martijn Snoep, the head of the Dutch Competition Authority (ACM) recently. Mr Snoep moved to the ACM from law firm De Brauw in 2018. He has been at the forefront of many internationally renowned initiatives at the ACM, including an investigation into…
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Back in the game: Court of Appeal sides with CMA against Apple in mobile browsers and cloud gaming market investigation
Yesterday, the CMA successfully overturned the Competition Appeal Tribunal’s (CAT) ruling that the CMA’s market investigation reference (MIR) into mobile browsers and cloud gaming was out of time and therefore unlawful. This opens the door to the CMA reopening the MIR which could lead to significant remedies being imposed against Apple. Background The CMA’s MIR…
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Platform divergence and geographic divergence after Microsoft/Activision and Apple v CMA
In 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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Interview with Tom Fish, Head of public policy and research at Gener8, and formerly Assistant Director at the UK’s Competition and Markets Authority
Tom Smith, Geradin Partners: November 2022 was an important month for the UK’s efforts to curb the power of big tech. The Chancellor announced in his Autumn Statement that the Digital Markets, Competition and Consumer Bill will be introduced into parliament in the 3rd parliamentary session (it is currently rumoured to be scheduled for April…
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Making sense of NCAs’ roles under the DMA – The Dutch proposal
In the run-up to the enactment of the EU’s Digital Markets Act (DMA), the European Commission strongly defended its exclusive jurisdiction to enforce it. Despite valiant efforts on the part of several national competition authorities (NCAs) who wanted a formal role enforcing the new rules, the Commission’s exclusive competence remains largely in place in the…
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The DMA is coming. Here’s what it will mean for mobile gaming
The App Store and Play Store are huge profit generators for Apple and Google. As explained by Judge Gonzalez Rogers in her Epic v Apple judgment of September 2021, gaming apps account for approximately 70% of all App Store revenues. According to some, this means that Apple makes more money from games than Microsoft, Sony,…
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The Responsible Online Commerce Coalition (ROCC): Businesses team up to ensure a level playing field in e-commerce
Amazon’s revenues reached half a trillion dollars in 2022, having increased tenfold in a decade. There are few companies as fascinating and impressive as Amazon and arguably no other company occupies such a central position in the modern retail economy in the US and Europe. Its famous e-commerce platform represents more than half of e-commerce…
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Platform antitrust/regulation in 2023: Our eleven predictions
Happy New Year to all! The authors of this blog wish you the best for what will be a thrilling year for those interested in platforms. It has never been more exciting to operate in the tech space. To start the new year, we have put our heads together to make eleven predictions about 2023.…