As the deadline for compliance with the provisions of the Digital Markets Act is fast approaching, the designated gatekeepers are progressively proposing and implementing changes to their business models (for an extensive analysis of the designated CPSs see here and here). Apple’s recent announcement proposes to implement changes on its operating system (iOS), web browser…
2023 brought us a lot of developments in competition law and policy on the EU level. After 2020, 2021, and 2022, we continue to keep you up to date with the latest developments. Article 101 TFEU Have we figured out by object and by effect yet? For their master or PhD thesis, students tend…
In September 2023, the European Commission (EC) issued its first designation decisions under the Digital Markets Act (DMA) (see the quick-fire reaction to those decisions here). It sets under the regulatory framework’s scope of application six different gatekeepers for twenty-two core platform services. At first glance, the designation decisions seemed straightforward enough: the European Commission…
Thank you for another wonderful and eventful year in competition law and policy. Our readership grew and so did the ideas and exchanges on competition law. It is exciting to see the blog progress and your knowledge spread across the world. In 2023, the ten most read blogposts were: Deployers of High-Risk AI Systems: What…
TikTok’s parent company, ByteDance, is currently bluffing before the EU Courts in the face of its gatekeeper designation decision issued by the Commission last September (the Decision). On 15 November 2023, ByteDance confirmed that it was appealing the Decision before the General Court, and a couple of days after that, the Court of Justice acknowledged…
The Digital Markets Act has been analysed from a myriad of prisms, both from the public and private enforcement perspectives. However, less attention has been dedicated to analysing the actual content of private enforcement via collective actions, as set out explicitly in Articles 42 and 52 of the DMA. Article 42 DMA establishes that “Directive…
Next 16 November 2023, the deadline for the designated gatekeepers on the 5th of September 2023 to appeal the Commission’s decisions will come to an end (for a review of the decisions, see here). Up until this moment, reporting has only documented that Apple would be considering challenging the Commission’s decisions and is prone to…
On 9 October 2023, the European Commission (EC) issued four templates on its official website pertaining to the Digital Markets Act (DMA). Each of them deals with a different provision enshrined in the regulatory framework. First of all, the European Commission published its updated Template for Reporting pursuant to Article 11 of the DMA following…
On 5 October 2023, the German competition authority adopted its first tangible evidence of enforcement surrounding its new competition rules (Section 19a GWB) directed at undertakings with paramount significance for competition across markets on its case against Google for its data processing terms (see the Bundeskartellamt’s decision designating Alphabet here and a previous comment on…
The data economy is now thriving. A considerable corporate, entrepreneurial and research effort is aimed to enable a healthy trading of such an important asset, and hence contribute to de-siloing data and unlocking the combinatorial economic value of data that now rest in different corporate warehouses. However, the structuring of data ecosystems is still under…
