Digital markets

Data Act, Data protection, Digital, Digital competition, Digital economy, Digital markets, Digitisation, European Union, Regulation

(Sciences Po Law School)/ /Leave a comment

Overshadowed by the outsize attention surrounding the AI Act Trilogue, the EU passed in late November another regulatory instrument with transformative potential for the digital economy: the Regulation on harmonised rules on fair access to and use of data (Data Act). Admittedly, the Data Act is not as groundbreaking as the AI Act. Far from…

Digital, Digital competition, Digital economy, Digital markets, Private actions, Private enforcement

(Nodia, Urumashvili and Partners LLC)/ /Leave a comment

Prompted by concerns about the effectiveness of EU competition law in digital markets, the introduction of the Digital Markets Act (DMA) marks a significant milestone. This forward-looking regulation, focusing on overseeing major digital platforms termed gatekeepers, prioritizes fair competition by treating their services as core platform services. Despite the DMA’s primary reliance on the European…

Consumer protection, Digital, Digital competition, Digital economy, Digital markets, Parental liability, United Kingdom

(Competition and Markets Authority)/ /Leave a comment

Much ink has already been spilled on various aspects of the landmark Digital Markets, Competition and Consumers (DMCC) Bill.[1] This post focuses only on parental liability, which appears not to have received much attention. Under the current draft of the DMCC Bill, both the digital markets and consumer protection proposals envisage lifting the corporate veil…

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

(University Villanueva, 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 Villanueva, 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…

Abuse of dominance, Apple, Digital competition, Digital economy, Digital markets, Digital Markets Act, General Court of the European Union

(University Villanueva, Spain)/ /Leave a comment

Next 16 November 2023, the deadline for the designated gatekeepers on the 5th of September 2023 to appeal the Commission’s decisions will come to an end (for a review of the decisions, see here). Up until this moment, reporting has only documented that Apple would be considering challenging the Commission’s decisions and is prone to…

Artificial Intelligence, Digital, Digital competition, Digital markets, Digital Markets Act, European Champions, Merger control, Merger notification, Merger regulation, Mergers, OTA

(Open Markets Institute)/ /Leave a comment

Introduction On September 26th, the European Commission prohibited the acquisition of the online flight booking service eTraveli by Booking Holdings, the leading provider of online hotel bookings in the European Economic Area (EEA). The Commission argues that the acquisition would have strengthened Booking’s dominant position in the market for online hotel bookings by enabling it…

Competition policy, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission, Ex ante regulation

(University Villanueva, Spain)/ /Leave a comment

On 9 October 2023, the European Commission (EC) issued four templates on its official website pertaining to the Digital Markets Act (DMA). Each of them deals with a different provision enshrined in the regulatory framework. First of all, the European Commission published its updated Template for Reporting pursuant to Article 11 of the DMA following…

Abuse of dominance, Data protection, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission, European Court of Justice, Germany, Google, National competition authorities (NCAs)

(University Villanueva, Spain)/ /Leave a comment

On 5 October 2023, the German competition authority adopted its first tangible evidence of enforcement surrounding its new competition rules (Section 19a GWB) directed at undertakings with paramount significance for competition across markets on its case against Google for its data processing terms (see the Bundeskartellamt’s decision designating Alphabet here and a previous comment on…