TikTok’s parent company, ByteDance, has not managed to suspend the effects of the European Commission’s designation decision (for comment on the designation decisions, see here). However, the appeal that ByteDance directed at the designation decision will be given the benefit of an expedited procedure. This is the first time that the General Court uttered a…

The D-day for the Digital Markets Act (DMA) compliance is fast approaching. Starting from March 2024, the regulatory framework’s substantive obligations will start to apply to the six designated gatekeepers concerning 22 of their core platform services (on the first designation decisions issued by the European Commission see here). In the meantime, the European Commission…

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…

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…

The DMA will start to apply on March 2024. Starting on the 2nd of May, the gatekeepers have a maximum of two months to notify their gatekeeper status to the European Commission (EC). The European Commission (EC) has acquired the compromise to make the process of the DMA’s future implementation, monitoring and oversight of compliance as…

In the wake of the recent hearing of the CJEU in the German Facebook case, this post assesses two common views on the integration of competition law and privacy policy, providing a general overview of the debate we are currently facing and reflecting on its apparent future.   How privacy is relevant for competition law?…

On 12 May 2022, the European Court of Justice delivered its preliminary ruling in response to a number of questions referred to it by an Italian court tasked to assess whether the use of customer data (legitimately collected by the ENEL group during a legal monopoly position) to target offers to those same customers once…

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…

On 23 February 2022, the EU Commission published its long-awaited Data Act, the last major building block of the Commission’s February 2020 Data Strategy.  The Data Act Is an ambitious piece of legislation with implications for consumers and businesses across the economy, not limited to the technology sector.   The act aims to facilitate access to…