Regulation

Fair, reasonable and non-discriminatory (FRAND), Intellectual property (IP), Regulation, Standard essential patent (SEP)

(Robert Schuman Centre, EUI)/ /2 Comments

On 27 April, about a month after an unofficial leaked version, the European Commission published the highly-contentious Standard Essential Patents (SEPs) Regulation Proposal. The Proposal aims to facilitate SEP licensing by increasing transparency over SEPs, reducing information asymmetries between SEP licensors and implementers and facilitating the agreement on Fair, Reasonable and Non-Discriminatory (‘FRAND’) licenses. Such…

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, Regulation, United Kingdom

(Northeastern University)/ /Leave a comment

The UK Parliament is poised to publish its Digital Markets, Competition and Consumer Bill (“the Bill”). The essential point is to place the UK Competition and Markets Authority’s (“CMA”)’s Digital Markets Unit (“DMU”) on a statutory footing and to set out the evidence standards applicable to it. The Bill will determine whether, how, and on…

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…

Apps, Brazil, Chile, Colombia, Competition, Competition enforcement, Competition law, Costa Rica, Digital, Digital competition, Digital economy, Ecuador, Latin America, Mexico, Paraguay, Regulation

(Universidad del Rosario) and (Universidad Diego Portales)/ /Leave a comment

Introduction Ride-hailing apps are present practically in every country from Latin America and the Caribbean (LAC). In places like Colombia and Brazil, they entered the market as early as 2013 – 2014 respectively, according to research authored by Resende and Lima. Apps like Uber, Cabify and Didi have emerged and generated pressure on the traditional…

Abuse of dominance, Discrimination, European Court of Justice, National competition authorities (NCAs), National court, References for a preliminary ruling, Regulation

(bpv Hügel)/ /Leave a comment

Jurisdiction after DB Station At the end of last year, the ECJ rendered a much-anticipated ruling in the DB Station case (C-721/10), which fundamentally clarified the hierarchy between regulators and civil courts in abuse of dominance cases relating to regulated infrastructure sectors. After lengthy national proceedings, the ECJ decided that national civil courts can only…

Advocate General, Fundamental rights, References for a preliminary ruling, Regulation

(Backer McKenzie)/ /Leave a comment

“In many places across the European Union, suppliers of taxi services have traditionally been shielded from competition thanks to State regulation, while web-based platforms have started offering local passenger transport-on-demand services with a high degree of zeal, precision and efficiency”. The previous statement was one of the opening lines of the Opinion issued by Advocate…

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…

Brexit, China, Competition policy, European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Foreign Subsidy Regulation, Merger control, Private investment, Property investment, Public procurement, Regulation, Remedies, State owned enterprise (SOE), Subsidies, Switzerland, Tax, Taxation, Tender, Trade Law, United Arab Emirates, United Kingdom, United States of America

(University of Vienna, Austria)/ /Leave a comment

On 12 January 2023, the new EU Foreign Subsidies Regulation (FSR) entered into force. The majority of the FSR will start to apply on 12 July 2023. The FSR constitutes a new investigatory review tool for the European Commission. It will focus on economic behaviour on the internal market by companies who received foreign subsidies…

Compliance, European Commission, Regulation

(Mylegalinbox)/ /Leave a comment

On 7 November 2022, the European Commission published a proposal for a Regulation on the collection and exchange of data on short-term rental services, with the aim of establishing harmonized rules and providing public authorities access to data. The initiative intends to facilitate the development of a responsible, fair, and trusted growth of short-term rentals…