Showing archive for: “DMA”
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
The View from India: A TOTM Q&A with Shivanghi Sukumar
Could you tell us a bit about your background and how you got interested in digital competition regulation? I am a competition lawyer, and have been practicing competition law in India since the early days of its enforcement. A big part of my work has been related to the enforcement of behavioral provisions, and I’ve ... The View from India: A TOTM Q&A with Shivanghi Sukumar
Preemptive Digital-Platform Rules Are Not Good Competition Policy, But They Were Never Meant to Be
Inspired by the European Union’s Digital Markets Act (DMA), a growing number of jurisdictions around the globe either have adopted or are considering adopting frameworks of preemptive digital-competition rules (DCRs) that would more closely regulate the business models of such platforms as Google’s search engine and Amazon’s e-commerce business. The Turkish government may soon join ... Preemptive Digital-Platform Rules Are Not Good Competition Policy, But They Were Never Meant to Be
The Cookie Plan Crumbles: Stuck in the Middle with Google
Google recently announced that it has changed its plans to phase out third-party cookies in the Chrome web browser. The company had previously planned to disable third-party cookies in Chrome, a change supported by many in the privacy-stakeholder community, but which was met with criticism from the adtech industry and competition lawyers. Google’s new plans ... The Cookie Plan Crumbles: Stuck in the Middle with Google
The View from the United Kingdom: A TOTM Q&A with John Fingleton
What is the UK doing in the field of digital-market regulation, and what do you think it is achieving? There are probably four areas to consider. The first is that the UK’s jurisdiction on mergers increased with Brexit. The UK is not subject to the same turnover threshold as under European law, and this enables ... The View from the United Kingdom: A TOTM Q&A with John Fingleton
The View from Canada: A TOTM Q&A with Aaron Wudrick
Aaron, could you please tell us a bit about your background and how you became interested in competition law and digital-competition regulation? I’m a lawyer by profession, but have taken a somewhat unconventional career path—I started as a litigator in a small general practice in my hometown outside Toronto, moved on to corporate law with ... The View from Canada: A TOTM Q&A with Aaron Wudrick
Google Previews the Coming Tussle Between GDPR and DMA Article 6(11)
Among the less-discussed requirements of the European Union’s Digital Markets Act (DMA) is the data-sharing obligation created by Article 6(11). This provision requires firms designated under the law as “gatekeepers” to share “ranking, query, click and view data” with third-party online search engines, while ensuring that any personal data is anonymized. Given how restrictively the ... Google Previews the Coming Tussle Between GDPR and DMA Article 6(11)
Confronting the DMA’s Shaky Suppositions
It’s easy for politicians to make unrealistic promises. Indeed, without a healthy skepticism on the part of the public, they can grow like weeds. In the world of digital policy, the European Union’s Digital Markets Act (DMA) has proven fertile ground for just such promises. We’ve been told that large digital platforms are the source ... Confronting the DMA’s Shaky Suppositions
India Should Question Europe’s Digital-Regulation Strategy
A year after it was created by the Government of India’s Ministry of Corporate Affairs to examine the need for a separate law on competition in digital markets, India’s Committee on Digital Competition Law (CDCL) in February both published its report recommending adoption of such rules and submitted the draft Digital Competition Act (DCA), which ... India Should Question Europe’s Digital-Regulation Strategy
The Future of the DMA: Judge Dredd or Juror 8?
When it was passed into law, the European Union’s Digital Markets Act (DMA) was heralded by supporters as a key step toward fairness and contestability in online markets. It has unfortunately become increasingly clear that reality might not live up to those expectations. Indeed, there is mounting evidence that European consumers’ online experiences have been ... The Future of the DMA: Judge Dredd or Juror 8?
Does the DMA Let Gatekeepers Protect Data Privacy and Security?
It’s been an eventful two weeks for those following the story of the European Union’s implementation of the Digital Markets Act. On April 18, the European Commission began a series of workshops with the companies designated as “gatekeepers” under the DMA: Apple, Meta, Alphabet, Amazon, ByteDance, and Microsoft. And even as those workshops were still ... Does the DMA Let Gatekeepers Protect Data Privacy and Security?