Digital markets

Competition enforcement, Digital markets, Digital Markets Act, Enforcement, European Court of Justice, Facebook, Germany, Privacy, Tying and Bundling

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

The wheels of the German competition authority’s enforcement of its dedicated rules on digital markets have started to turn (on the technical and substantive aspects of Section 19a GWB, see previous posts here and here). According to the recently introduced rules, the Bundeskartellamt first formally determines that an undertaking is of paramount significance for competition…

Abuse of dominance, Canada, Collusion, Digital competition, Digital economy, Digital markets, Joint ventures, Merger control, Pricing

, , , (Davies Ward Phillips & Vineberg LLP, Canada)/ /Leave a comment

On November 17, 2022, Canada’s federal Minister of Innovation, Science and Industry formally announced that the federal government is launching a comprehensive review of the Competition Act (Act) and Canadian competition policy. This announcement follows through on the Minister’s previous indications that significant reforms were in the works, and comes after the government enacted more…

Digital markets, European Commission, Evidence, Innovation, Market definition, Platforms

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On 8 November 2022, the European Commission launched a public consultation on its draft revised Market Definition Notice. The new Notice provides detailed explanatory guidance based on the recent case law of the European Commission and the European Court of Justice. It takes into account the latest market developments, in particular, competition on non-price elements…

Digital economy, Digital markets, Merger control, United Kingdom

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

On 18 January 2022, Microsoft announced its future acquisition of Activision Blizzard, which will be the largest tech merger in the history of the United States. The press release voiced concern on a range of competition authorities around the World. Microsoft is one of the three contenders in the market of console-making and by acquiring…

Abuse of dominance, Amazon, Digital markets, Digital Markets Act, European Commission, European Union, National competition authorities (NCAs), Ne bis in idem

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

The final text of the DMA, after the Council’s final approval last 18th July, opened up, yet again, speculation on its enforcement. Although the Commissioner for the Internal Market Thierry Breton promptly confirmed that DG Connect would be the Directorate to apply and oversee the compliance of the DMA’s rules and obligations, several questions still…

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

(Universität Würzburg)/ /Leave a comment

The rapid development of digital markets has been posing major challenges to competition authorities for some time. The ‘internet giants’ consisting of Google, Amazon, Facebook, Apple and Microsoft have as already known been able to gain and consolidate strong market positions faster than in analogue markets. The previous antitrust law was, according to the own…

Abuse of dominance, Data protection, Digital economy, Digital markets, European Court of Justice, Restriction by effect

(Clifford Chance LLP)/ /Leave a comment

On 12 May 2022, the European Court of Justice delivered its preliminary ruling in response to a number of questions referred to it by an Italian court tasked to assess whether the use of customer data (legitimately collected by the ENEL group during a legal monopoly position) to target offers to those same customers once…

Abuse of dominance, Apple, Digital economy, Digital markets, Interim relief, Netherlands

(Loyens & Loeff, Netherlands) and , (Loyens & Loeff)/ /Leave a comment

On 24 December 2021, the Dutch Authority for Consumers & Markets (ACM) published a summary decision finding an abuse of a dominant position by Apple. The decision dates back to 24 August 2021 but was published only last month following an injunction proceeding aimed at suspending the effects of the ACM’s decision as well as…

Competition Commission of India, Digital economy, Digital markets, India, Merger control, Merger Thresholds

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The Indian antitrust landscape has recently shifted its focus to the regulation of digital markets. To achieve this end, substantial changes to the country’s merger control mechanisms were proposed in the Competition (Amendment) Bill, 2020 (the Amendment/the Bill). One of the central purposes of these amendments is to prospectively analyse mergers and acquisitions that may…

Abuse of dominance, Advocate General, Data protection, Digital economy, Digital markets, Restriction by effect

(Clifford Chance LLP)/ /Leave a comment

In early December 2021, Advocate General Rantos delivered his Opinion in a request for a preliminary ruling referred by an Italian court (Case C-377/20). Although AG Rantos’ Opinion is not yet available in English, this will be a case to watch. Indeed, AG Rantos’ Opinion has already generated interest not only because the underlying conduct…