Digital

Abuse of dominance, Algorithms, Antitrust, Digital, Digital competition, Digital economy, Digital markets, Digitisation, Discrimination, Dominance, European Court of Justice, European Union, Evidence, Google

(University of Göttingen, Germany), (University of Vienna, Austria), and (LMU Munich)/ /Leave a comment

The recent Google Shopping ruling has already sparked much debate, and an earlier blog post offers a detailed overview of the judgment itself. Building on this, this contribution’s focus is to emphasize and discuss some aspects in the academic analysis, the judgment’s broader implications and outlook for further actions. It builds upon a recently published…

Digital, Digital markets, Digital Markets Act, Enforcement, European Commission

(Morais Leitão)/ /Leave a comment

Key message The discretion afforded to the European Commission (‘EC’) is of central importance with regard to the implementation and enforcement of the Digital Markets Act (‘DMA’). If viewed as arbitrariness, particularly in view of a normative framework that arguably permits such a perspective, the European Commission’s decisions may potentially jeopardise the rule of law…

Digital, Digital competition, Digital economy, Digital markets, Merger control, Mergers, United Kingdom

, , (White & Case) and (White & Case, Belgium)/ /Leave a comment

After years of planning and debate, the UK’s Digital Markets, Competition, and Consumers Act will come into force on 1 January 2025. This landmark legislation provides expanded powers to the CMA in respect of merger control, digital markets, competition and consumer protection.   The DMCC The Digital Markets, Competition and Consumers Act (DMCC) is the final…

AI, Digital, Digital markets, Killer acquisitions, Market study, Regulation

(Solicitor (England and Wales) and Advocate (India))/ /Leave a comment

By most indicators, the Generative AI or GenAI ecosystem is a dynamic and competitive space. GenAI is estimated to generate $2.6 trillion to $4.4 trillion in value for the global economy. There has been a substantial influx of venture capital investments backing innovative start-ups. Since ChatGPT launched in 2022, there are now more than 310 large…

Australia, Designation Decision, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act

(University Villanueva, Spain)/ /Leave a comment

A new kid may join the digital tech regulation block. On 2 December, the Australian Treasure proposed a new digital competition regime addressing digital market power. The policy of the Australian legislator and enforcer builds on its long-term digital strategy, triggered in 2017. For more than seven years now, the Australian Competition and Consumer Commission…

Conference, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Digital Services Act, Digitisation, Enforcement

(University of Vienna)/ /Leave a comment

While core competition law enforcement has been going on for a while, the enforcement of the adjacent digital regulation is just beginning. The conference “Tools for Better Enforcement of EU Law in the Digital Space” dealt with such problems and took place on November 7 and 8, 2024 at the European Legal Studies Institute (ELSI)…

Burden of Proof, Designation Decision, Digital, Digital competition, Digital economy, Digital Markets Act

(University Villanueva, Spain)/ /2 Comments

The General Court dismissed ByteDance’s action seeking the annulment of the European Commission’s designation decision of its TikTok service. The Extended Composition of the Eighth Chamber of the General Court (GC) confirmed ByteDance’s status as a gatekeeper. The ruling is the first of its kind: the first ruling to address head on the Digital Markets…

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Japan, Regulation, Remedies

(University Villanueva, Spain) and (Kyoto University)/ /Leave a comment

Japan is now the fourth region in the World to have adopted complementary rules to its competition law regime to capture the power of Big Tech. Following Germany’s, the UK’s and the European Union’s steps, Japan in June the Act on Promotion of Competition for Specified Smartphone Software (for short, the Smartphone Software Competition Promotion…

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, National competition authorities (NCAs), National court

(University Villanueva, Spain)/ /Leave a comment

The Digital Markets Act (DMA) was initially designed according to a centralised system of enforcement. At least, that was the configuration the European Commission presented within its first draft of the regulation. During the legislative process, the DMA’s enforcement system slightly pivoted to a quasi-centralised system of enforcement. National competition authorities (NCAs) of the Member…

Abuse of dominance, AI, Consumer welfare, Data protection, Digital, Digital competition, Digital economy, Digital markets

(Católica Global School of Law) and (University Villanueva, Spain)/ /Leave a comment

Europe has been a frontrunner in the regulation of artificial intelligence on a global scale. The adoption of the Artificial Intelligence Act (AI Act) defines one – despite important – step of the puzzle of European policy on AI. After the adoption of the Council last week, such an ambitious approach is still surrounded by…