The UK’s Competition and Markets Authority (CMA) has published a suite of guidance documents that set out how it intends to exercise its powers under the Digital Markets, Competition, and Consumers Act (Act). The Act, which entered into force on 1 January 2025, grants the CMA significant new powers and procedural flexibility. The CMA guidance…
Digital platforms behave as quasi-governments replacing regulators in their public duties of decision-making and rule-setting. To address this shift, legislators in different jurisdictions are adopting digital regulations across various fields, notably to curb digital market power or content moderation. The striking difference between these rules and those set out in the past lies in the…
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…
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…
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…
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…
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…
The Digital Markets Act (DMA)’s provisions started to apply on 2 May 2023. Since then, undertakings have been forced to check whether they met the quantitative thresholds. If that was the case, the DMA compelled them to notify their potential gatekeeper status to the European Commission. The first wave of designation decisions relating to six gatekeepers…
Deployment of systems of Artificial Intelligence (AI) has become mainstream and popular with small and large economic operators. One of the most raging developments includes services relying on natural language processing (NLP) taking the form of chatbots. In a previous blog post, I explored the opportunities the Digital Markets Act (DMA) provides the regulator to…
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)…
