Digitisation

Austria, Competition proceedings, Confidentiality, Damages, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Digitisation, Disclosure, Enforcement, European Commission, Evidence, Germany, National competition authorities (NCAs), Procedures, Proportionality, Regulation

(University of Vienna, Austria) and (University of Vienna)/ /Leave a comment

The Digital Markets Act (DMA) introduced an innovative framework aimed at promoting contestability and fairness in digital markets. In addition to imposing a multitude of substantial obligations on gatekeepers, the DMA incorporates a sophisticated and multi-faceted enforcement system. The European Commission assumes the primary role as the enforcer of the DMA, while the Member States…

Data Act, Data protection, Digital, Digital competition, Digital economy, Digital markets, Digitisation, European Union, Regulation

(Sciences Po Law School)/ /Leave a comment

Overshadowed by the outsize attention surrounding the AI Act Trilogue, the EU passed in late November another regulatory instrument with transformative potential for the digital economy: the Regulation on harmonised rules on fair access to and use of data (Data Act). Admittedly, the Data Act is not as groundbreaking as the AI Act. Far from…

Connected cars, Data protection, Digital economy, Digitisation, European Union

(Norton Rose Fulbright, Belgium)/ /1 Comment

In the coming years, data collected by vehicles will be subject to a new EU regulatory regime consisting of horizontal rules applicable across many industries and vertical rules designed specifically for the automotive sector.  In February 2022, the EU Commission adopted a proposal for a new Data Act, which is currently working its way through…

Abuse of dominance, Advertising, Algorithms, Digital economy, Digital markets, Digitisation, E-commerce, Effects-based, European Union, Evidence, General Court of the European Union, Google, Online advertising, Online platforms, Self-preferencing

(University of Mannheim)/ /1 Comment

The long-awaited Google Shopping judgment is out (see the press release here and the full decision here). The General Court has dismissed Google’s action almost in its entirety, upholding the fine of € 2.42 billion that the EU Commission issued in 2017 on the company for abusing its dominance as a search engine by favouring…

Digitisation, Dutch clause, European Commission, European Union, Foreign direct investment, Innovation, Jurisdiction, Jurisdiction clauses, Killer acquisitions, Merger control, Podcast

(University of Vienna, Austria)/ /Leave a comment

The newest episode of the competition edition of the International Law Talk Podcast focuses on the revival of the Dutch clause and other current issues of merger control. For this highly topical issue, I interviewed merger control star Tilman Kuhn from White & Case. Earlier this year, the European Commission encouraged Member States to use…

Competition, Competition law, Competition policy, Digitisation, European Union, Merger control, Remedies, Uncategorized

(Kirkland & Ellis, Belgium)/ /Leave a comment

Most competition authorities have a preference for structural remedies in merger cases in the form of divestitures while behavioural remedies are used less frequently. The below blog post analyses whether the historical bias of behavioural remedies is still warranted or whether it is time that authorities take a more flexible and differentiated approach when considering…

Abuse of dominance, Antitrust, Big data, Canada, Competition law, Competition policy, Digital competition, Digital markets, Digitisation, E-commerce, E-communications, Enforcement, Merger control, Merger regulation, Mergers, Minority shareholding

(Davies Ward Phillips & Vineberg LLP, Canada)/ /Leave a comment

The Davies Forecast of Top 5 Trends and Issues for Canadian Competition Law in 2020 Jim Dinning, Anita Banicevic and Mark Katz Here is Davies’ annual forecast of Canadian competition law developments for the year ahead. 1. FOCUS ON THE DIGITAL ECONOMY Given the Competition Bureau’s stated priorities during the tenure of current Commissioner of…

Competition, Digital markets, Digitisation, Netherlands, Online platforms

(Bird & Bird, The Netherlands) and (Bird & Bird)/ /1 Comment

Introduction In 2019 several studies have been published and discussions took place about digitalisation, online platforms and competition law. Many of us will probably have read the so-called Crémer, Furman, Stigler, and Lear-reports. The Netherlands did not lag behind. The Dutch government published amongst others a vision on data sharing between businesses and an updated…

Competition policy, Digitisation, European Union

(Baker McKenzie)/ /Leave a comment

#1. The Commission’s big three worries: Data as a vital tool for doing business; platforms which control  access to important digital resources and then expand; killer acquisitions and other ways of blocking the path to innovation.  The Commission feels a great responsibility to “shape digitisation before it shapes us”.  While the existing legal toolkit is…