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)…
Introduction The decision of the ECJ of 10th of September 2024 (C-48/22 P) brings the Google Shopping saga to an end. The decision by the highest court confirms the conviction of Alphabet by the General Court (T-612/17) (see the blogpost on General Court’s decision here). The European Commission had previously imposed a record fine of…
As the DMA’s enforcement is in full swing, the complexities of its specific provisions and questions regarding their interpretation are beginning to surface. On 25 March 2024, the European Commission launched formal proceedings to investigate Meta’s ‘pay-or-consent’ model, introduced in November 2023 for Facebook and Instagram, sparking a significant discussion on the interpretation of Article…
Background On 24 May 2024, royal assent was granted to the UK Parliament’s Digital Markets Competition and Consumers Act (“DMCC”) (available here), a year after the Bill was first introduced to Parliament. The DMCC brings the most significant reforms to UK competition and consumer law in two decades, enhancing the existing powers of the Competition…
On April 24, 2024, the German Federal Court of Justice (FCJ) rejected Amazon’s appeal against the decision of the Federal Cartel Office (FCO) of July 2022, designating Amazon as a gatekeeper under national competition law, Section 19a ARC. The ruling clarifies important aspects of this provision designed to capture large digital companies (see translation of…
As the European Commission prepares for a new mandate under President Ursula von der Leyen later this year, former ECB President Mario Draghi – famous for his “whatever it takes” approach to saving the Euro – has now turned his focus to the future of EU competitiveness in the digital age. His long-awaited report, commissioned…
