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…

The intensity of competition and the problematic conducts of enterprises operating in digital markets have been focal points for discussion across many prominent jurisdictions, for instance, the European Union. The Competition Commission of India has also been actively studying the emerging trends and challenges to ensure competitiveness in the digital sector. Through its market studies…

In early December 2021, Advocate General Rantos delivered his Opinion in a request for a preliminary ruling referred by an Italian court (Case C-377/20). Although AG Rantos’ Opinion is not yet available in English, this will be a case to watch. Indeed, AG Rantos’ Opinion has already generated interest not only because the underlying conduct…

When we earlier reported the German Facebook proceedings in terms of a legal opera [Link], this metaphor was, as I am afraid we have to admit, a little ill-fitting. As things now seem, we can observe a whole oeuvre, a whole cinematic universe, as a good number of spin-offs, sequels and side-stories centred around Facebook…

On 24th January 2021, the Competition Commission of India (‘CCI’) joined an exclusive club of competition law regulators around the world to initiate action in the area of privacy and competition law. The CCI passed a suo moto order directing an investigation into Whatsapp for alleged abuse of dominance as per the Competition Act, 2002…

The market landscape has drastically been altered with the rise of platform-based business models setting in motion a new wave of capitalism transforming the erstwhile relationship between consumers and businesses. The erstwhile practice of building up physical assets to highlight economic prowess has been replaced by a more subtle mechanism of increasing access to the…

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…

On 24 March 2021 the Higher Regional Court (‘Oberlandesgericht’) of Düsseldorf put yet another twist to the ‘Facebook Saga’. Although the formal written submission is not yet available, the Düsseldorf closed the hearing by staying the proceedings and announcing the referral to the CJEU of questions on data protection law.   Pricing Guns To be…

On 24 March 2021, the Competition Commission of India (‘CCI’) passed an order initiating investigation against WhatsApp Inc. (‘WhatsApp’) and Facebook Inc. (‘FB’) to determine if WhatsApp’s updated privacy policy terms allowing it to share user data with FB and its subsidiaries constituted an abuse of dominance (‘Initiation Order’).[1] The Initiation Order shoves India’s competition…