The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “EU”

From Europe, with Love: Lessons in Regulatory Humility Following the DMA Implementation

The European Union’s implementation of the Digital Markets Act (DMA), whose stated goal is to bring more “fairness” and “contestability” to digital markets, could offer some important regulatory lessons to those countries around the world that have been rushing to emulate the Old Continent.  The first regards “regulatory humility.” Designing ex ante regulation to promote ... From Europe, with Love: Lessons in Regulatory Humility Following the DMA Implementation

Whose Failure Is the Failed Amazon/iRobot Merger?

The European Commission told Amazon in November 2023 of its preliminary view that the company’s proposed acquisition of iRobot restricted competition in the market for robot vacuum cleaners (RVCs) and could hamper rival RVC suppliers’ ability to compete effectively. The deal, the Commission asserted, would give Amazon incentive to foreclose iRobot’s competitors by engaging in ... Whose Failure Is the Failed Amazon/iRobot Merger?

DMA: Setting the Goalposts

In a little less than a month, the European Union’s Digital Markets Act (DMA) will start to bite, but how will it taste? By March 7, companies that were designated as “gatekeepers” in September 2023 will be required to meet the obligations of Articles 5, 6, and 7 of the DMA Regulation. With the exception ... DMA: Setting the Goalposts

Navigating the AI Frontier, Part I

The European Union is on the verge of enacting the landmark Artificial Intelligence Act (AI Act), which will—for better or worse—usher in a suite of new obligations, and hidden pitfalls, for individuals and firms trying to navigate the development, distribution, and deployment of software. Over the coming months, we will be delving into the nuances ... Navigating the AI Frontier, Part I

A European Commission Challenge to iRobot’s Acquisition Is Unjustified and Would Harm Dynamic Competition

Once again, a major competition agency, the European Commission, appears poised to take an anticompetitive enforcement action—in this case, blocking Amazon’s acquisition of consumer robotic-manufacturer iRobot. iRobot, headquartered in Bedford, Massachusetts, is an American success story: Founded in 1990 by Massachusetts Institute of Technology roboticists with the vision of making practical robots a reality, iRobot ... A European Commission Challenge to iRobot’s Acquisition Is Unjustified and Would Harm Dynamic Competition

Google, Amazon, Switching Costs, and Red Herrings

Way back in May, I cracked wise about the Federal Trade Commission’s (FTC) fictional “Bureau of Let’s Sue Meta,” noting that the commission’s proposal (really, an “order to show cause”) to modify its 2020 settlement of a consumer-protection matter with what had then been Facebook—in other words, a settlement modifying a 2012 settlement—was the FTC’s ... Google, Amazon, Switching Costs, and Red Herrings

EU’s Cybersecurity Draft Shifts Toward Hard Protectionism

A year ago, we cautioned that the EU Cybersecurity Certification Scheme for Cloud Services (EUCS) threatened to embed ill-conceived economic protectionism into the EU’s cybersecurity rules. And, indeed, the European Commission, which has made clear its commitment to pursue “digital sovereignty” for the European Union, can claim some preliminary successes on that front. A recent ... EU’s Cybersecurity Draft Shifts Toward Hard Protectionism

Gatekeeping, the DMA, and the Future of Competition Regulation

The European Commission late last month published the full list of its “gatekeeper” designations under the Digital Markets Act (DMA). Alphabet, Amazon, Apple, ByteDance, Meta, and Microsoft—the six designated gatekeepers—now have six months to comply with the DMA’s list of obligations and restrictions with respect to their core platform services (CPS), or they stand to ... Gatekeeping, the DMA, and the Future of Competition Regulation

Latin America Should Follow Its Own Path on Digital-Markets Competition

In order to promote competition in digital markets,[1] Latin American countries should not copy and paste “solutions” from other jurisdictions, but rather design their own set of policies. In short, Latin American countries—like my own, Peru—should not “put the cart before the horse” and regulate markets that are not yet mature. Digital or “tech” markets ... Latin America Should Follow Its Own Path on Digital-Markets Competition

When Progress Is Regressive: The Ordo-Brandeisian Devolution

It is no coincidence that ordoliberalism—the European (originally German) alternative to classical liberalism that emphasized the importance of the “social market” economy—and the New Brandeis or “neo-Brandeisian” movement, which harkens back to the Progressive Era thought of the late U.S. Supreme Court Justice Louis Brandeis, both are enjoying comebacks simultaneously. The effects of these ideological ... When Progress Is Regressive: The Ordo-Brandeisian Devolution

The View From Brazil: A TOTM Q&A with Mariana Tavares de Araujo

How did you come to be interested in the regulation of digital markets? Prior to joining Levy & Salomão Advogados, I worked with the Brazilian government for nine years, four of which I served as head of the government agency in charge of antitrust enforcement and consumer protection policy. During this time, I was very ... The View From Brazil: A TOTM Q&A with Mariana Tavares de Araujo

How ETNO’s ‘Fair Share’ Proposal Threatens Europe’s Digital Future:

The digital transformation of Europe—and, indeed, the world—has been a defining theme of the 21st century. As with all significant shifts, it has also come with its share of challenges, opportunities, and controversies.  One such controversy that has recently reemerged is the so-called “fair share” proposal for network traffic—championed most recently in a statement from ... How ETNO’s ‘Fair Share’ Proposal Threatens Europe’s Digital Future: