Digital markets

Abuse of dominance, Advertising, Brand Gating, Data protection, Digital markets, European Commission, European Union, Facebook, France, Germany, Italy, Merger control, Online advertising, Online platforms, Spain, United Kingdom

(Spieker & Jaeger)/ /Leave a comment

When we earlier reported the German Facebook proceedings in terms of a legal opera [Link], this metaphor was, as I am afraid we have to admit, a little ill-fitting. As things now seem, we can observe a whole oeuvre, a whole cinematic universe, as a good number of spin-offs, sequels and side-stories centred around Facebook…

Digital markets, India, Regulation

(L&L Partners New Delhi)/ /Leave a comment

The digital payments sector in India has grown exponentially over the last five years due to deeper data and smartphone penetration. The Unified Payment Interface (UPI) system launched by the National Payments Corporation of India (NPCI) has been the main driver of this growth. FY 2019-20 witnessed UPI transactions in India grow exponentially at the…

Abuse of dominance, Competition Commission of India, Data protection, Digital economy, Digital markets, India, Jurisdiction

(SAI University) and (Aligarh Muslim University)/ /3 Comments

On 24th January 2021, the Competition Commission of India (‘CCI’) joined an exclusive club of competition law regulators around the world to initiate action in the area of privacy and competition law. The CCI passed a suo moto order directing an investigation into Whatsapp for alleged abuse of dominance as per the Competition Act, 2002…

Digital economy, Digital markets, European Union, Merger control

(Norton Rose Fulbright, Belgium)/ /Leave a comment

The European Commission’s 254-page decision approving Google’s acquisition of Fitbit (the “Decision”) offered the Commission a so-far unique opportunity to apply the 2019 report on “Competition policy for the digital era’s” (the “Digital Era Report’s”) recommendation to assess acquisitions by “gatekeeper platforms” of much smaller companies active in complementary markets using an “ecosystem” approach.  Google/Fitbit…

Digital markets, Digital Markets Act, France, Germany, Netherlands

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

The draft Digital Markets Act (DMA) has been public for several months now (see a previous blog for our initial review when the draft came out) and opinions on its content continue to roll in. In brief, the DMA aims to lay down a set of rules for certain crucial platform services, so-called gatekeepers. EU…

Digital markets, European Commission, Internet of Things (IoT), Sector inquiries

(White & Case) and (White & Case, Belgium)/ /2 Comments

On 9 June 2021, the European Commission (EC) published a Preliminary Report setting out the initial findings of its sector inquiry into the consumer Internet of Things (“IoT”). The consumer IoT sector encompasses services, devices and technologies that support the interaction of consumers with connected devices, which collect and exchange data over the internet. The…

Digital markets, E-commerce, Sector inquiries, Türkiye

, , (ACTECON)/ /Leave a comment

Recent developments in digitalization have triggered the Turkish Competition Authority (“TCA”) to scrutinize more closely e-marketplace business models. The TCA has carried out a sector inquiry on e-marketplaces for this purpose and a preliminary report (“Report”) has been published on the official website of the TCA on May 7, 2021, in which a wide range…

Competition Commission of India, Digital markets, India, Interim measures

, (Nishith Desai Associates)/ /1 Comment

On 9 March 2021, the Competition Commission of India (‘CCI’) granted two hotel franchisees (Treebo and Fab Hotels) (‘Complainants’) interim relief against the hotel aggregator, MakeMyTrip India Pvt. Ltd. and the Ibibo Group Private Limited (‘MMT-GO’) (‘Interim Order’).[1] CCI directed MMT-GO to re-list Treebo and Fab Hotels on its website. Two things make the order…

Digital markets, Netherlands, Platforms

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

On 2 February 2021, the Netherlands Authority for Competition & Markets (the ‘ACM’) published a study on sponsored internet ranking and its effects on competition and consumer welfare. Sponsored ranking means that suppliers pay extra commission for a better ranking in the search results. Many platforms use paid search engines. The ACM has investigated whether…

Algorithms, China, Digital markets, Digital Markets Act, Digital Services Act, Market definition, Online platforms

(University of Macau)/ /Leave a comment

On 7 February 2021, the Anti-Monopoly Commission of the State Council issued the Anti-Monopoly Guidelines for the Platform Economy (the Guidelines) clarifying the application of the Anti-Monopoly Law (AML) to the potential anti-competitive practices of the online platforms. The issuance of the Guidelines sends a clear message to the online platforms that antitrust enforcement in…