Digital markets

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

(University Carlos III of Madrid, 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 Carlos III of Madrid, 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…

Brazil, Competition policy, Digital markets

(Global Antitrust Institute)/ /Leave a comment

May 2nd, 2024 was the last day to submit comments to the Public Consultation (Economic and Competitive Aspects of Digital Platforms) held by the Brazilian Ministry of Finance. The Consultation, which was released on January 19, 2024 and had one deadline extension, was designed and organized by the Secretary for Economics Reforms – one of…

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

(Católica Global School of Law) and (University Carlos III of Madrid, 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…

Apple, Designation Decision, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission

(University Carlos III of Madrid, Spain)/ /Leave a comment

The DMA seeks to capture gatekeeper conduct. For that, the regulation applies to those targets of the regulation satisfying the legal category of a gatekeeper. If an undertaking is not a gatekeeper as per a designation decision issued by the European Commission (EC), then it will not remain captured by the regulatory instrument. In September…

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission, European Union

(University Carlos III of Madrid, Spain)/ /Leave a comment

The Digital Markets Act (DMA) entails a change in the narrative of the punitive framework applied to digital dominant undertakings under EU competition law. At least, that’s what the European’s digital strategy proposed it to be. The failure of antitrust followed a new paradigm in applying per se rules to gatekeepers, based on cooperative-like mechanisms…

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Google, National court, Poland, Self-preferencing, Unfair competition, Unfair practices

(Akademia Wymiaru Sprawiedliwości)/ /Leave a comment

In a preliminary ruling issued on 14 March 2024, the District Court in Warsaw (DCW) granted Ceneo Ltd. an interim injunction in respect of non-monetary claims against Google Ireland Ltd. to cease acts of unfair competition on the Polish territory, consisting in the creation of market entry barriers for the plaintiff. This ruling precedes (temporarily…

Compliance, Digital markets, Digital Markets Act, Germany, Regulation

, (Linklaters)/ /Leave a comment

Ever since its introduction in 2021, Section 19a of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen or “GWB”) has attracted attention, not only in Germany, but also around the globe. Through this provision, the national legislator strengthened the regulatory framework against potentially anti-competitive practices by specific market players, namely “undertakings of paramount…

Digital, Digital competition, Digital economy, Digital markets, France, Intellectual property (IP)

(University Paris 2 Panthéon-Assas)/ /Leave a comment

Among the many investigations and decisions targeting Google worldwide, the sanction of EUR 250 million imposed by the French Competition Authority (the Autorité) on 15 March 2024 (see here) in what is now arguably the ‘saga’ of neighbouring rights, has a number of eye-catching features in several respects. Breaking news (unfolding when this post was…

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Double jeopardy, Hungary

(University Carlos III of Madrid, Spain)/ /Leave a comment

The Digital Markets Act (DMA) is set out as a complementary and separate regulatory instrument to EU competition law as well as to the application of national competition law provisions at the Member State level. In parallel, the regulation’s legal basis is Article 114 of the TFEU. Fragmentation in digital rulemaking was to be detached…