Showing archive for: “EU”
The Paradox of Choice Meets the Information Age
Barry Schwartz’s seminal work “The Paradox of Choice” has received substantial attention since its publication nearly 20 years ago. In it, Schwartz argued that, faced with an ever-increasing plethora of products to choose from, consumers often feel overwhelmed and seek to limit the number of choices they must make. In today’s online digital economy, a ... The Paradox of Choice Meets the Information Age
US-EU Agreement Hopes to Keep Transatlantic Data Flowing
Though details remain scant (and thus, any final judgment would be premature), initial word on the new Trans-Atlantic Data Privacy Framework agreed to, in principle, by the White House and the European Commission suggests that it could be a workable successor to the Privacy Shield agreement that was invalidated by the Court of Justice of ... US-EU Agreement Hopes to Keep Transatlantic Data Flowing
Final DMA: Now We Know Where We’re Going, but We Still Don’t Know Why
After years of debate and negotiations, European Lawmakers have agreed upon what will most likely be the final iteration of the Digital Markets Act (“DMA”), following the March 24 final round of “trilogue” talks. For the uninitiated, the DMA is one in a string of legislative proposals around the globe intended to “rein in” tech ... Final DMA: Now We Know Where We’re Going, but We Still Don’t Know Why
The DMA and Antitrust: A Liaison Dangereuse
As the European Union’s Digital Markets Act (DMA) has entered the final stage of its approval process, one matter the inter-institutional negotiations appears likely to leave unresolved is how the DMA’s the relationship with competition law affects the very rationale and legal basis for the intervention. The DMA is explicitly grounded on the questionable assumption ... The DMA and Antitrust: A Liaison Dangereuse
The Internationalization of Due Process, Federal Antitrust Enforcement, and the Rule of Law
The acceptance and implementation of due-process standards confer a variety of welfare benefits on society. As Christopher Yoo, Thomas Fetzer, Shan Jiang, and Yong Huang explain, strong procedural due-process protections promote: (1) compliance with basic norms of impartiality; (2) greater accuracy of decisions; (3) stronger economic growth; (4) increased respect for government; (5) better compliance ... The Internationalization of Due Process, Federal Antitrust Enforcement, and the Rule of Law
EU’s Compromise AI Legislation Remains Fundamentally Flawed
European Union (EU) legislators are now considering an Artificial Intelligence Act (AIA)—the original draft of which was published by the European Commission in April 2021—that aims to ensure AI systems are safe in a number of uses designated as “high risk.” One of the big problems with the AIA is that, as originally drafted, it ... EU’s Compromise AI Legislation Remains Fundamentally Flawed
Privacy and Security Risks of Interoperability and Sideloading Mandates
There has been a wave of legislative proposals on both sides of the Atlantic that purport to improve consumer choice and the competitiveness of digital markets. In a new working paper published by the Stanford-Vienna Transatlantic Technology Law Forum, I analyzed five such bills: the EU Digital Services Act, the EU Digital Markets Act, and ... Privacy and Security Risks of Interoperability and Sideloading Mandates
App Stores as Public Utilities?
In a new paper, Giuseppe Colangelo and Oscar Borgogno investigate whether antitrust policy is sufficiently flexible to keep up with the dynamics of digital app stores, and whether regulatory interventions are required in order to address their unique features. The authors summarize their findings in this blog post. App stores are at the forefront of ... App Stores as Public Utilities?
Amazon Italy’s Efficiency Offense
Early last month, the Italian competition authority issued a record 1.128 billion euro fine against Amazon for abuse of dominance under Article 102 of the Treaty on the Functioning of the European Union (TFEU). In its order, the Agenzia Garante della Concorrenza e del Mercato (AGCM) essentially argues that Amazon has combined its Amazon.it marketplace ... Amazon Italy’s Efficiency Offense
Merger Control’s Misaligned Incentives
Antitrust policymakers around the world have taken a page out of the Silicon Valley playbook and decided to “move fast and break things.” While the slogan is certainly catchy, applying it to the policymaking world is unfortunate and, ultimately, threatens to harm consumers. Several antitrust authorities in recent months have announced their intention to block ... Merger Control’s Misaligned Incentives
Italy’s Google and Apple Decisions: Regulatory Paternalism and Overenforcement
The Autorità Garante della Concorenza e del Mercato (AGCM), Italy’s competition and consumer-protection watchdog, on Nov. 25 handed down fines against Google and Apple of €10 million each—the maximum penalty contemplated by the law—for alleged unfair commercial practices. Ultimately, the two decisions stand as textbook examples of why regulators should, wherever possible, strongly defer to ... Italy’s Google and Apple Decisions: Regulatory Paternalism and Overenforcement
Oldie-but-Baddie: The Revival of an Antitrust ‘Efficiencies Offense’?
Recent antitrust forays on both sides of the Atlantic have unfortunate echoes of the oldie-but-baddie “efficiencies offense” that once plagued American and European merger analysis (and, more broadly, reflected a “big is bad” theory of antitrust). After a very short overview of the history of merger efficiencies analysis under American and European competition law, we ... Oldie-but-Baddie: The Revival of an Antitrust ‘Efficiencies Offense’?
