The Archives

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

Showing archive for:  “EU”

Should the Federal Government Regulate Artificial Intelligence?

Artificial intelligence is in the public-policy spotlight. In October 2023, the Biden administration issued its Presidential Executive Order on AI, which directed federal agencies to cooperate in protecting the public from potential AI-related harms. President Joe Biden said in his March 2024 State of the Union Address that government enforcers will crack down on the ... Should the Federal Government Regulate Artificial Intelligence?

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

The Missing Element in the Google Case

Through laudable competition on the merits, Google achieved a usage share of nearly 90% in “general search services.” About a decade later, the government alleged that Google had maintained its dominant share through exclusionary practices violating Section 2 of the Sherman Antitrust Act. The case was tried in U.S. District Court in Washington, D.C. last ... The Missing Element in the Google Case

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 View from Australia: A TOTM Q&A with Allan Fels

Allan, you have a remarkably high public profile in Australia and are known to most of the Australian population as ex-ACCC chair. Could you please give us a bit on your background and how you got into competition law?  I did degrees in law and economics at the University of Western Australia and a PhD ... The View from Australia: A TOTM Q&A with Allan Fels

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?

Systemic Risk and Copyright in the EU AI Act

The European Parliament’s approval last week of the AI Act marked a significant milestone in the regulation of artificial intelligence. While the law’s final text is less alarming than what was initially proposed, it nonetheless still includes some ambiguities that could be exploited by regulators in ways that would hinder innovation in the EU.  Among ... Systemic Risk and Copyright in the EU AI Act

The Broken Promises of Europe’s Digital Regulation

If you live in Europe, you may have noticed issues with some familiar online services. From consent forms to reduced functionality and new fees, there is a sense that platforms like Amazon, Google, Meta, and Apple are changing the way they do business.  Many of these changes are the result of a new European regulation ... The Broken Promises of Europe’s Digital Regulation

A Closer Look at Spotify’s Claims About Apple’s App-Store Practices

Following Monday’s announcement by the European Commission that it was handing down a €1.8 billion fine against Apple, Spotify—the Swedish music-streaming service that a decade ago lodged the initial private complaint that spawned the Commission’s investigation—published a short explainer on its website titled “Fast Five Facts: Facts that Show Apple Doesn’t Play Fair.” The gist ... A Closer Look at Spotify’s Claims About Apple’s App-Store Practices

The DMA’s Missing Presumption of Innocence

The EU’s Digital Markets Act (DMA) will come into effect March 7, forcing a handful of digital platforms to change their market conduct in some unprecedented ways. The law effectively judges them guilty (with a very limited, formalistic trial), and brands them “gatekeepers” based purely on size. It then sentences them to far-reaching, one-size-fits-all antitrust-style ... The DMA’s Missing Presumption of Innocence