What an eventful year, also for competition law. The Kluwer Competition Law Blog has a little treat for you: a series of posts on the main 2020 developments in key jurisdictions by many of our dear contributors. We will release a number of articles in the next month. Today, we kick off with the EU!…
The plot of the case Two weeks ago, Apple Inc. filed a lawsuit against the Federal Antimonopoly Service (FAS). The court hearing is scheduled for the 18th of January 2021 at the Commercial Court of Moscow city. The reason for such legal action is the fact that, at the end of August 2020, the FAS…
Large platforms acting as “digital gatekeepers” are increasingly drawing competition agencies’ attention. While no legal definition of a “gatekeeper” has been laid down yet,[1] this concept is meant to cover platforms that rely on significant network effects. A “gatekeeper” may also be a go-between, controlling access from one point to another. However, gatekeepers may refuse…
“I’ve been wondering how to give a metaphor because these are two quite complex proposals. And the best thing I came to think of was the first-ever traffic light that brought order in the streets, that was actually in the US, in Cleveland Ohio. And that was invented as a response to a major technological…
Ever since the 2001 Courage judgment, private actions for damages are on the rise. The Commission wanted to quickly follow with a legislative act including minimum standards for private enforcement across the EU. In the end, it took a while. In 2005, the authority published a Green Paper, in 2008 a substantially amended White Paper….
The current policy debate The European Commission will table two main legislative proposals on digital platforms: the Digital Markets Act (DMA) with new rules regarding the behaviour of gatekeeper platforms in competition, and the Digital Services Act with updated rules on the use of content by platforms, i.e. a reform of the e-commerce-Directive. As, amongst…
On 10 December 2020, the Dutch Authority for Consumers & Markets (ACM) announced that it has launched a pilot investigation into the role of algorithms in commercial interactions between market players and the impact on market behaviour these algorithms may have. The ACM intends to put this knowledge to use in order to inform market…
Adopting new tools to combat the effects of foreign subsidies is a top European Union (EU) priority for 2021; a no-deal Brexit would raise the stakes for this initiative significantly. The European Commission (EC) believes that non-European State-owned enterprises (SOEs) and other companies receive subsidies that can distort competition in the European single market. Trade…
The government’s draft for new competition rules, including on (digital) platforms, published in September 2020 (see here) includes a provision specifically aimed at powerful digital gatekeepers, draft Section 19a ARC. The proposal was debated in parliament on November 25, 2020, is largely expected to be adopted more or less in its current form and to…
The rise and proliferation of the online economy, centred specifically on platforms, has opened new opportunities for private individuals to sell their labour in new and more flexible ways. Either full or part-time or when convenient or requested. However, this has also created conflicts as unions see the increased utilization of freelancers and the self-employed…
