Digital Markets Act

Amazon, App stores, Apple, Apps, Digital competition, Digital economy, Digital markets, Digital Markets Act, Europe, European Commission, Ex ante regulation, Facebook, Google

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

The Digital Markets Act (DMA) is now applicable. Following the 6-month interim period where gatekeepers had the opportunity to adapt their business models to the regulation, the DMA now requires them to prove their effective compliance with its provisions. To do that, on 7 March 2024, the six designated gatekeepers in September (see here) presented…

Data protection, Designation Decision, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission, General Court of the European Union, Interim measures, Interim relief

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

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…

Data protection, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission

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

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…

Artificial Intelligence, Digital competition, Digital markets, Digital Markets Act

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

Foundation models are not new to society or technological development. The deep neural network and self-supervised learning they are based on have existed for decades. However, the explosion and ramping up in user adoption of apps based on Large Language Models (LLMs) working on natural language processing (NLP) has shaken the whole tech industry during…

Apple, Commitments, Competition, Digital Markets Act, European Commission

(University of Zurich)/ /Leave a comment

On 9 January 2024, Apple offered several commitments under Article 9 Regulation 1/2003 to address the competition concerns of the European Commission in the markets for mobile wallets on iOS, inter alia to ensure effective interoperability with the Near Field Communication (NFC) functionality on iOS. This post will give an initial overview of Apple’s proposed…

Apple, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act

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

As the deadline for compliance with the provisions of the Digital Markets Act is fast approaching, the designated gatekeepers are progressively proposing and implementing changes to their business models (for an extensive analysis of the designated CPSs see here and here). Apple’s recent announcement proposes to implement changes on its operating system (iOS), web browser…

Designation Decision, Digital Markets Act, European Commission

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

In September 2023, the European Commission (EC) issued its first designation decisions under the Digital Markets Act (DMA) (see the quick-fire reaction to those decisions here). It sets under the regulatory framework’s scope of application six different gatekeepers for twenty-two core platform services. At first glance, the designation decisions seemed straightforward enough: the European Commission…

Digital competition, Digital economy, Digital markets, Digital Markets Act, General Court of the European Union, Interim measures, Interim relief

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

TikTok’s parent company, ByteDance, is currently bluffing before the EU Courts in the face of its gatekeeper designation decision issued by the Commission last September (the Decision). On 15 November 2023, ByteDance confirmed that it was appealing the Decision before the General Court, and a couple of days after that, the Court of Justice acknowledged…

Collective Redress, Digital markets, Digital Markets Act, Private enforcement

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

The Digital Markets Act has been analysed from a myriad of prisms, both from the public and private enforcement perspectives. However, less attention has been dedicated to analysing the actual content of private enforcement via collective actions, as set out explicitly in Articles 42 and 52 of the DMA. Article 42 DMA establishes that “Directive…

Digital competition, Digital economy, Digital markets, Digital Markets Act, Germany, National court, New Competition Tool

(Universität Regensburg)/ /Leave a comment

On 7 November 2023, a new amendment law to the German Competition Act (“Gesetz gegen Wettbewerbsbeschränkungen”, GWB) came into force. Because it is the 11th major amendment, it is commonly referred to as the 11th GWB Amendment (11. GWB-Novelle). In addition to numerous small alterations, it is particularly noteworthy for three important novelties:   New…