Showing archive for: “DMA”
From A to Y: Antitrust Notes from the ABA and Y Combinator
April 4 marked the end of a notable week in global competition policy. The American Bar Association’s (ABA) Antitrust Section held its annual spring meeting, while Y Combinator hosted a virtual “Little Tech Competition Summit.” At the same time, Congress held two competition hearings, the U.S. Justice Department (DOJ) hosted an event on competition and ... From A to Y: Antitrust Notes from the ABA and Y Combinator
The Android Auto Decision and the European Antitrust Paradox
The European Court of Justice’s (ECJ) Android Auto judgment, delivered in late February, could mark a radical shift in how courts interpret the European Union’s essential-facilities doctrine, as well as the legal standard applied to “refusal to deal” cases. My colleague Giuseppe Colangelo has a great working paper analyzing the decision and its potential consequences. ... The Android Auto Decision and the European Antitrust Paradox
Google and Apple Determinations Show How Little Users Matter Under the DMA
Following up the initial implementation of the EU’s Digital Markets Act (DMA), which included such “successes” as the first porn app on iOS and diverting revenues away from hotels to online intermediaries, last week’s European Commission determinations regarding Alphabet and Apple once again demonstrate that the direct interests of users—including their privacy and security—remain an ... Google and Apple Determinations Show How Little Users Matter Under the DMA
The View from Brazil: A TOTM Q&A with Gustavo Augusto Freitas de Lima
Gustavo, could you please tell us a bit about yourself and your professional background? I’m a law practitioner with a master’s degree in law and public policy, specializing in constitutional and administrative law. I served as a federal attorney and litigator before the Brazilian Supreme Court and was appointed by the attorney general as the ... The View from Brazil: A TOTM Q&A with Gustavo Augusto Freitas de Lima
Are Trump’s Tariffs A Blessing in Disguise for Europe’s Tech Sector?
Less than a month has passed since President Donald Trump’s inauguration, but it is already clear that tariffs will be central to his administration’s economic policy and geopolitical strategy. Following an initial round of tariff threats against Mexico and Canada, and hiked tariffs on China, Trump is setting his sights on new targets—the European Union ... Are Trump’s Tariffs A Blessing in Disguise for Europe’s Tech Sector?
Five Key Lessons from Abroad for the UK CMA’s Google Search Probe
In the first investigation conducted under the new ex-ante regulatory framework established by the Digital Markets, Competition and Consumers Act (DMCC), the United Kingdom’s Competition and Markets Authority (CMA) is seeking to ascertain whether Google has “strategic market status” (SMS) in the search and search-advertising-services markets. The CMA is also tasked with weighing whether ex-ante ... Five Key Lessons from Abroad for the UK CMA’s Google Search Probe
The DMA’s Challenge to User Safety: Lessons from Apple’s Porn App Controversy
A recent controversy over pornographic apps being downloaded to iPhones in the European Union illustrates a fundamental tension in the EU’s Digital Markets Act (DMA): the conflict between mandated openness and established user-safety expectations. While the DMA aims to promote competition and user choice, the recent case of the pornographic-video app Hot Tub, distributed to ... The DMA’s Challenge to User Safety: Lessons from Apple’s Porn App Controversy
Perspectives on Industrial Policy: An Interview with Peter Craddock
You had a recent post on LinkedIn that offered a critical analysis of the European Data Protection Board’s (EDPB) August 2024 consent-or-pay opinion, highlighting concerns about its effects on the freedom to conduct business. The decision was part of a larger context of developments in the European Union that, at least in the United States, ... Perspectives on Industrial Policy: An Interview with Peter Craddock
The View from Korea: A TOTM Q&A with Dae Sik Hong
Professor Hong, could you please tell us a bit more about your background and how you got interested in digital competition regulation? In South Korea, I have unique combined experience as a court judge and as an antitrust specialist at a major law firm, conducting numerous research projects that connect theory and practice. I have ... The View from Korea: A TOTM Q&A with Dae Sik Hong
It May Be Time to Consider Reforming Global Competition Policy
As the incoming Trump administration contemplates ways to promote U.S. economic growth and innovation, it may wish to consider two possible new global competition-policy initiatives. These actions, if successful, could help protect American (and foreign) firms from foreign government impediments to effective competition. Antitrust Around the World Antitrust law (called competition law in other countries) ... It May Be Time to Consider Reforming Global Competition Policy
Reclaiming Antitrust
The United States is the birthplace of antitrust, starting with the enactment of the Sherman Antitrust Act in 1890. During the late 19th and early 20th century, cartels were common in Europe, while U.S. antitrust enforcers unraveled them. Only after World War II did European countries incrementally adopt competition law in various forms. Since that ... Reclaiming Antitrust
European Competition Law Is Lost at Sea
Imagine a world where digital-competition policy was guided by a desire to foster startup activity, competitiveness and, ultimately, growth. Competition policymakers would promote market conditions that enable new digital services to rapidly launch, gain user traction, and achieve greater scale. All of this would improve productivity, drive down prices for existing services, and help to ... European Competition Law Is Lost at Sea