Showing archive for: “International Antitrust”
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
Mi Mercado Es Su Mercado: The Flawed Competition Analysis of Mexico’s COFECE
Mexico’s Federal Economic Competition Commission (COFECE, after its Spanish acronym) has published the preliminary report it prepared following its investigation of competition in the retail electronic-commerce market (e.g., Amazon). The report finds that: there are elements to preliminarily determine that there are no conditions of effective competition in the Relevant Market of Sellers and in ... Mi Mercado Es Su Mercado: The Flawed Competition Analysis of Mexico’s COFECE
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
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
In Reforming Its Antitrust Act, Argentina Should Not Ignore Its Institutional Achilles Heel
As part of a set of “shock therapy” measures introduced to deregulate and stabilize its economy, the Argentinian government led by newly elected President Javier Milei has already adopted an emergency decree (Decreto de Necesidad y Urgencia) that makes broad array of legal changes. Toward the same goal, the government in late December sent up ... In Reforming Its Antitrust Act, Argentina Should Not Ignore Its Institutional Achilles Heel
The View from Turkey: A TOTM Q&A with Kerem Cem Sanli
How did you come to be interested in the regulation of digital markets? I am a full-time professor in competition law at Bilgi University in Istanbul. I first became interested in the application of competition law in digital markets when a PhD student of mine, Cihan Dogan, wrote his PhD thesis on the topic in ... The View from Turkey: A TOTM Q&A with Kerem Cem Sanli
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
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
I, For One, Welcome Our New FTC Overlords
In this post—the last planned post for this symposium on The FTC’s New Normal (though we will continue to accept unsolicited submissions of responses)—I will offer some summary of the ideas that have been shared here over the past month, before turning to some of my own thoughts. To keep your attention rapt, I will ... I, For One, Welcome Our New FTC Overlords
The FTC, DOJ, and International Competition Law: Convergence Away From the Consumer Welfare Standard?
In less than two and a half years, the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ) have undone more than two decades of work aimed at moving global competition law toward an economics-friendly consumer welfare standard. In tandem with foreign competition authorities, the U.S. antitrust agencies are now cooperating in an effort to ... The FTC, DOJ, and International Competition Law: Convergence Away From the Consumer Welfare Standard?
