The wheels of the DMA have started turning and so have the International Law Talk episodes. I had the pleasure to interview Assimakis Komninos following the Commission’s press release establishing the economic operators that it had designated as gatekeepers under the DMA. This triggering event gave us the excuse to talk about a range of…

On the 31st of July, the European Commission issued for public consultation its (fourth) Template relating to the audited description of consumer profiling techniques pursuant to Article 15 of the DMA (the Template). The Template is inserted within the Commission’s wider transparency strategy to provide for a stream of implementing acts to secure the DMA’s…

In competition policy circles around the world, app stores remain a major topic of discussion regarding the regulation of digital markets. On February 28th, 2023, the European Commission (EC) sent a new Statement of Objections (SO) to Apple, “clarifying its concerns over App Store rules for music streaming providers”. This replaced the original SO, which…

The DMA will start to apply in March 2024. The European Commission (EC) has acquired the compromise to make the process of the DMA’s future implementation, monitoring and oversight of compliance as transparent as possible. After the first two stakeholders’ workshops on the ban on self-preferencing and interoperability relating to messaging services, on the 6th of…

Summary The Japan Fair Trade Commission (JFTC) published a 157-page report on 9th February 2023 (see here the press release), focusing on issues in the market structure and the lack of competitive pressure in the markets of essential software for smartphones (mobile OS) and app distribution services, both of which Apple and Google mainly provide….

The market power of big tech firms like Google, Apple, Facebook, Amazon, and Microsoft (the GAFAM) has long been a thorn in the eyes of the European Commission (EC).[1] Ever since the EU drafted the Digital Markets Act[2] to regulate market power in the digital markets, they faced strong protests.[3] The widely received Epic-Apple court…

On 24 December 2021, the Dutch Authority for Consumers & Markets (ACM) published a summary decision finding an abuse of a dominant position by Apple. The decision dates back to 24 August 2021 but was published only last month following an injunction proceeding aimed at suspending the effects of the ACM’s decision as well as…

In January 2021, the latest reform of the German competition law (“ARC”) entered into force, including significant new rules regarding digital platform markets.  These include new powers for the Federal Cartel Office (“FCO”) under Section 19a ARC regarding digital gatekeepers with paramount cross-market significance for competition (for more details on the new norm, see here). A…

Early April, the Federal Supreme Court clarified controversial questions regarding the privilege against self-incrimination in Competition Law Proceedings in three much-noticed decisions (2C_383/2020, 2C_87/2020 and 2C_88/2020)[1]. The Decisions In 2018, the Swiss Competition Commission (“ComCo“) opened proceedings against various financial institutions regarding an alleged boycott in Switzerland. The Competition Commission suspected that the addressees of…

Recently, Google and Apple have changed their policy for targeted online advertising. Privacy-conscious users have been switching to alternatives for years, however, completely avoiding being tracked by online tech giants is virtually impossible. Nevertheless, the online ad industry has grown tremendously in the last decade, and targeted behavioural advertising has become ubiquitous in the online…