Privacy

Data Portability, Data protection, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Online advertising, Online platforms, Privacy

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

The Digital Markets Act (DMA) became entirely applicable on 7 March 2024. By then, the gatekeepers issued their compliance reports documenting their technical solutions and implementation of the DMA’s provisions under Article 11 DMA as well as their reports on consumer profiling techniques as required under Article 15 DMA (see here). I will be covering…

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 Markets Act, Governance, Privacy, Procedures

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

On 23 March 2023, the European Commission issued its Decision to set up the High-Level Group for the Digital Markets Act (the ‘Decision’). In a previous blog post, the discussion of the DMA and the NCAs intervention in its monitoring and compliance was addressed (see here). Even though the first draft of the DMA issued…

Abuse of dominance, Advertising, Digital competition, Digital economy, Digital markets, Facebook, Germany, Google, Privacy, Regulation

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

Last 23 December 2022, the Bundeskartellamt, the Federal Cartel Office (FCO), sent a statement of objections (SOO) to Google regarding its data processing terms. This SOO follows the Bundeskartellamt’s prior designation as an undertaking with paramount significance for competition across markets under the German DMA-like provision of Section 19a GWB. Looking at the SOO and…

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, Advocate General, European Court of Justice, Facebook, Privacy

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

On 20 September 2022, Advocate General Rantos delivers his Opinion on the much-awaited Case C-252/21 (Meta Platforms v. Bundeskartellamt). Bearing in mind the Opinion intends to pave the way for the European Court of Justice (ECJ) regarding the interpretation of the GDPR, the text resonates with competition law and its interpretation in the display online…

Abuse of dominance, Competition law, Data protection, European Union, Facebook, Germany, Poland, Privacy, United Kingdom

(University of Strathclyde)/ /Leave a comment

In the wake of the recent hearing of the CJEU in the German Facebook case, this post assesses two common views on the integration of competition law and privacy policy, providing a general overview of the debate we are currently facing and reflecting on its apparent future.   How privacy is relevant for competition law?…

Competition Commission of India, Data protection, Digital economy, India, Privacy, Whatsapp

, (National Law University)/ /Leave a comment

The market landscape has drastically been altered with the rise of platform-based business models setting in motion a new wave of capitalism transforming the erstwhile relationship between consumers and businesses. The erstwhile practice of building up physical assets to highlight economic prowess has been replaced by a more subtle mechanism of increasing access to the…

Competition Commission of India, Data protection, Digital economy, India, Investigations, Privacy, Whatsapp

, , (Nishith Desai Associates)/ /Leave a comment

On 24 March 2021, the Competition Commission of India (‘CCI’) passed an order initiating investigation against WhatsApp Inc. (‘WhatsApp’) and Facebook Inc. (‘FB’) to determine if WhatsApp’s updated privacy policy terms allowing it to share user data with FB and its subsidiaries constituted an abuse of dominance (‘Initiation Order’).[1] The Initiation Order shoves India’s competition…

Competition proceedings, European Court of Justice, European Union, Facebook, Fundamental rights, General Court of the European Union, Investigations, Privacy, Request for information (RFI)

(Clifford Chance LLP, Belgium) and (Clifford Chance LLP, Italy)/ /Leave a comment

In the context of ongoing antitrust investigations into Facebook Inc.’s (‘Facebook’) data-related practices (AT.40628) and Facebook marketplace (AT.40684), on 13 March 2020 the European Commission (‘Commission’) issued two formal requests for information (‘RFIs’), requiring the company to produce a large number of internal documents. Facebook challenged the RFIs before the General Court of the European…