Showing archive for: “EU”
7 Top Takeaways from the 2nd Annual Mercatus Antitrust Forum
At the Jan. 26 Policy in Transition forum—the Mercatus Center at George Mason University’s second annual antitrust forum—various former and current antitrust practitioners, scholars, judges, and agency officials held forth on the near-term prospects for the neo-Brandeisian experiment undertaken in recent years by both the Federal Trade Commission (FTC) and the U.S. Justice Department (DOJ). ... 7 Top Takeaways from the 2nd Annual Mercatus Antitrust Forum
Fixing the Procedural Infirmities in the DMA’s Draft Implementing Regulation
Just before Christmas, the European Commission published a draft implementing regulation (DIR) of the Digital Markets Act (DMA), establishing procedural rules that, in the Commission’s own words, seek to bolster “legal certainty,” “due process,” and “effectiveness” under the DMA. The rights of defense laid down in the draft are, alas, anemic. In the long run, ... Fixing the Procedural Infirmities in the DMA’s Draft Implementing Regulation
GDPR Decision Against Meta Highlights that Privacy Regulators Don’t Understand ‘Necessity’
The €390 million fine that the Irish Data Protection Commission (DPC) levied last week against Meta marks both the latest skirmish in the ongoing regulatory war on the use of data by private firms, as well as a major blow to the ad-driven business model that underlies most online services. More specifically, the DPC was ... GDPR Decision Against Meta Highlights that Privacy Regulators Don’t Understand ‘Necessity’
Your Definitive End-of-Year Global Tech Regulation Wrap-Up: Who’s Doing What, Where, and What to Make of It
As 2023 draws to a close, we wanted to reflect on a year that saw jurisdictions around the world proposing, debating, and (occasionally) enacting digital regulations. Some of these initiatives amended existing ex-post competition laws. Others were more ambitious, contemplating entirely new regulatory regimes from the ground up. With everything going on, it can be ... Your Definitive End-of-Year Global Tech Regulation Wrap-Up: Who’s Doing What, Where, and What to Make of It
Brussels Effect or Brussels Defect: Digital Regulation in Emerging Markets
The blistering pace at which the European Union put forward and adopted the Digital Markets Act (DMA) has attracted the attention of legislators across the globe. In its wake, countries such as South Africa, India, Brazil, and Turkey have all contemplated digital-market regulations inspired by the DMA (and other models of regulation, such as the ... Brussels Effect or Brussels Defect: Digital Regulation in Emerging Markets
European Commission Tentatively Finds US Commitments ‘Adequate’: What It Means for Transatlantic Data Flows
Under a draft “adequacy” decision unveiled today by the European Commission, data-privacy and security commitments made by the United States in an October executive order signed by President Joe Biden were found to comport with the EU’s General Data Protection Regulation (GDPR). If adopted, the decision would provide a legal basis for flows of personal ... European Commission Tentatively Finds US Commitments ‘Adequate’: What It Means for Transatlantic Data Flows
Biden’s Data Flows Order: Does It Comport with EU Law?
European Union officials insist that the executive order President Joe Biden signed Oct. 7 to implement a new U.S.-EU data-privacy framework must address European concerns about U.S. agencies’ surveillance practices. Awaited since March, when U.S. and EU officials reached an agreement in principle on a new framework, the order is intended to replace an earlier ... Biden’s Data Flows Order: Does It Comport with EU Law?
Lina Khan’s Christmas Wish Is To Have Margrethe Vestager’s Powers
Federal Trade Commission (FTC) Chair Lina Khan has just sent her holiday wishlist to Santa Claus. It comes in the form of a policy statement on unfair methods of competition (UMC) that the FTC approved last week by a 3-1 vote. If there’s anything to be gleaned from the document, it’s that Khan and the ... Lina Khan’s Christmas Wish Is To Have Margrethe Vestager’s Powers
7 Big Questions About the Open App Markets Act
With just a week to go until the U.S. midterm elections, which potentially herald a change in control of one or both houses of Congress, speculation is mounting that congressional Democrats may seek to use the lame-duck session following the election to move one or more pieces of legislation targeting the so-called “Big Tech” companies. ... 7 Big Questions About the Open App Markets Act
How Not to Use Industrial Policy to Promote Europe’s Digital Sovereignty
The concept of European “digital sovereignty” has been promoted in recent years both by high officials of the European Union and by EU national governments. Indeed, France made strengthening sovereignty one of the goals of its recent presidency in the EU Council. The approach taken thus far both by the EU and by national authorities ... How Not to Use Industrial Policy to Promote Europe’s Digital Sovereignty
Damn the Economics, Full Speed Ahead!
A White House administration typically announces major new antitrust initiatives in the fall and spring, and this year is no exception. Senior Biden administration officials kicked off the fall season at Fordham Law School (more on that below) by shedding additional light on their plans to expand the accepted scope of antitrust enforcement. Their aggressive ... Damn the Economics, Full Speed Ahead!
The Case Against Self-Preferencing as a New Antitrust Offense
The practice of so-called “self-preferencing” has come to embody the zeitgeist of competition policy for digital markets, as legislative initiatives are undertaken in jurisdictions around the world that to seek, in various ways, to constrain large digital platforms from granting favorable treatment to their own goods and services. The core concern cited by policymakers is ... The Case Against Self-Preferencing as a New Antitrust Offense
