Ex ante regulation

Abuse of dominance, Advantage, Advertising, App stores, Apple, Digital economy, Digital markets, Digital Markets Act, Digital Services Act, European Commission, European Union, Ex ante regulation, Facebook

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

The wheels of the DMA have started turning and so have the International Law Talk episodes. I had the pleasure to interview Assimakis Komninos following the Commission’s press release establishing the economic operators that it had designated as gatekeepers under the DMA. This triggering event gave us the excuse to talk about a range of…

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Ex ante regulation, Germany, Google

(University of Zurich)/ /Leave a comment

On 21 June 2023, the Bundeskartellamt, the Federal Cartel Office (FCO), sent a statement of objections to Google and published its preliminary legal assessment of Google’s practices in connection with Google Automotive Services (GAS). According to the Authority’s preliminary evaluation, Google’s practices regarding the licencing of services for infotainment systems in vehicles fulfil the requirements…

Amazon, Apple, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Digital Services Act, Ex ante regulation, Facebook, Google, Governance, Procedures, Proportionality

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

On the 31st of July, the European Commission issued for public consultation its (fourth) Template relating to the audited description of consumer profiling techniques pursuant to Article 15 of the DMA (the Template). The Template is inserted within the Commission’s wider transparency strategy to provide for a stream of implementing acts to secure the DMA’s…

European Commission, Ex ante regulation, Financial markets

, (KU Leuven)/ /Leave a comment

Introduction On 28 June 2023, the European Commission announced the long-awaited Single Currency Package which consists of two Regulation proposals. The first proposed Legal Tender Cash Regulation (Regulation on the legal tender of euro banknotes and coins) aims to preserve the effectiveness of the legal tender status of euro-denominated cash. The second proposed Digital Euro…

Abuse of dominance, Concentrations, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Dutch clause, European Commission, Ex ante regulation, Merger control, Merger notification, National competition authorities (NCAs), Platforms

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

On 14 July 2023, the European Commission launched its second template relating to the gatekeeper’s compliance with Article 14 of the DMA (the Template), i.e., their obligation to inform about any intended concentration involving core platform services or any other services in the digital sector or enabling the collection of data (Article 14(1) of the…

Artificial Intelligence, Ex ante regulation, Legislation

(LSTS Research Group, Vrije Universiteit Brussel)/ /Leave a comment

The EU Artificial Intelligence Act (EU AI Act) is a landmark EU-originated legislative proposal to regulate artificial intelligence based on its potential to cause harm. Therefore, it can also be labelled as a risk-based regulation, meaning that the regulative burden and duties increase with the specific AI systems’ potential to cause harm. For close watchers…

Data protection, Digital competition, Digital economy, Digital Markets Act, European Commission, Ex ante regulation, Online advertising, Online advertising restrictions, Online platforms, Platforms, Privacy, Regulation

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

The DMA will start to apply on March 2024. Starting on the 2nd of May, the gatekeepers have a maximum of two months to notify their gatekeeper status to the European Commission (EC). The European Commission (EC) has acquired the compromise to make the process of the DMA’s future implementation, monitoring and oversight of compliance as…

Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission, European Union, Ex ante regulation, Regulation

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

Last 9 December, the European Commission issued its first draft implementing regulation for the DMA setting out the practical details surrounding the procedures around the gatekeeper’s designation (see the overview of the draft here). The feedback period surrounding the draft finished on 9 January 2023. On 14 April, the European Commission made public the first…

Abuse of dominance, Advocate General, European Court of Justice, Ex ante regulation, Judicial review, Merger control, Merger notification, Merger Thresholds, Mergers

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The long-awaited European Court of Justice’s judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national merger control thresholds and were not referred to the European Commission under Article 22 of the EU Merger Regulation. However, uncertainties still remain….

Abuse of dominance, Digital markets, Digital Markets Act, European Court of Justice, European Union, Ex ante regulation, Hungary, Information exchange, Netherlands

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

On 13 March 2023, the Ministry of Economic Affairs and Climate of The Netherlands published the first draft of its implementing regulation (the ‘Draft Bill’) subject to public consultation until the 10th of April, to attribute its national competition authority (ACM) with the power to monitor compliance with the DMA in its national territory. The…