Tuesday, October 29, 2024

X vs. Brazil: What Questions Remain After the Turmoil?

 InternetLab, here.

Microsoft/Inflection: CMA decision

 CMA, here.

Pay or okay under the DMA and much more by other Speakers (even DMA "compliance by design")

Centre for a Digital Society, Video here.  

These are my very rough talking points on pay or okay in full length (more than I actually had the chance to say)

As we all know, contestability is one of the DMA’s two primary objectives, the other being fairness. The recitals that specifically refer to the obligations under Article 5(2) expressly address the goal of contestability. The General Court in its recent decision Bytedance ruling dismissing ByteDance’s action seeking the annulment of the European Commission’s designation decision of its TikTok service defines the objective of ensuring the contestability of markets as the ability of undertakings to effectively overcome barriers to entry and expansion and challenge the gatekeeper on the merits of their products and services. Importantly the Court also pointed out that the purpose of the DMA is to ensure the contestability of the position of gatekeepers not only by other gatekeepers but also, or even especially, by other operators which are not gatekeepers for a given CPS. contestability’ relates above all to the ability of undertakings which are not gatekeepers for a given CPS to challenge those gatekeepers on the basis of the merits of their products and services. What this provision aims to address are the advantages in terms of data accumulation, thereby raising barriers to entry, from which gatekeepers benefit. Thus, it aims to ensure that gatekeepers do not unfairly undermine the contestability of core platform services. 

Meta presented the pay or okay model as its compliance solution with Article 5(2) to the Commission. The issue before us is not so much whether the solution for compliance with Article 5(2) abstractly conforms to the objective of ensuring contestability, this is not how the DMA is supposed to work, but whether it is directly compliant with the obligations set forth in Article 5(2). Therefore, we must look to the letter and spirit of the obligation. The pay or consent model presents users with a binary choice. Either users subscribe for a monthly fee to an ads-free version of these social networks or to a free-of charge access to a version of these social networks with personalised ad. Users who do not consent if they want to continue using the service have to pay a monthly fee. 

This is clearly in breach of the DMA In terms of legislative history of the DMA it should be remembered that the elements laying down the requirements for consent under the DMA reveal that the legislators were very well aware of the shortcomings surrounding consent. As a matter of fact, the rapporteur proposed to remove the option of consent, arguing that informed consent is “virtually unachievable” and instead opt for an outright prohibition. Recital 36 emphasizes the necessity for gatekeepers to enable end users to freely choose to opt-in to data processing by offering a less personalized but equivalent alternative. This is the condition specified by the DMA to ensure that the user is able to choose freely. 

In order to be compliant what should Meta do then? First, users who do not consent should have access to a less personalized service. It should be noted that in this case, "less personalized" refers to the personalization of advertising – meaning a service that uses less data. Second, users who do not consent should have access to those social networking services are free. Otherwise this wouldn’t be equivalent to Meta’s social networking services which are also free. A paid subscription is not a valid equivalent to free access. Commission officials noted that Meta could still offer a subscription option, but any paid choice would need to be an additional offer (i.e. a third choice) on top of a free equivalent that does not demand users consent to being tracked. 

I think the DMA is clear and that Meta's pay or okay is in breach of the letter of the DMA. I find it quite surprising that this was proposed as a compliance solution, and the Commission must conclude the proceedings by reaching an infringement decision. Therefore, if users do not have access to a less personalized but equivalent alternative, there isn't a true choice, and it cannot be said that users are able to freely choose. The pay or okay model is thus non-compliant because it does not allow users to exercise their right to freely consent to the combination of their personal data. Consequently, citizens aren't able to take control of their data. 

Obviously, Meta claims that it is compliant with the DMA. They also argue that their pay or okay model was legitimized by the Court of Justice in the Meta ruling. This preliminary ruling, as I believe we all know here, stems from the German Facebook saga, which the Bundeskartellamt has recently managed to conclude. The judges stated in that ruling that a paid version of a service may be offered as an alternative to tracking ads, provided that the fee is appropriate and only if necessary - le cas écheant  (cumulative conditions). In the DMA context, the gatekeeper would therefore have to argue why a fee falls into "le cas échéant."  But is that fee truly really meets le cas échéant? In reality, Meta could offer an alternative service with ads that do not rely on any personal data for targeting — such as contextual advertising. Meta has never explained why it has not offered users a free, contextual ads option. 

Is the pay or consent model a complex case under the DMA that requires numerous panels? I would not say so, and the Commission is right to proceed swiftly to an infringement decision. This obligation is clear enough to be self-executing.

 This does not mean dealing a fatal blow to targeted advertising. No, because those users who prefer it can choose it, but those who do not want it can also make a choice. It's not that a paid option cannot be offered, but there must also be an equivalent and free option available. At this point, this offering could be supported in another way, such as through contextual advertising. Users who are also allergic to contextual advertising can choose to pay for an ad-free option. A model like the pay or okay, which is likely in breach of data protection laws, consumer protection laws, and the DMA, and could potentially also be an abuse of a dominant position, cannot be tolerated. Additionally, the Commission has issued a Request for Information (RFI) under the DSA, asking Meta to provide additional information on the measures it has taken to comply with its obligations concerning Facebook and Instagram's advertising practices, recommender systems, and risk assessments related to the introduction of that subscription option. 

Some final considerations.

The EU legislator, through the DMA, has taken seriously the need to ensure that consent is freely expressed, even when dealing with a gatekeeper, and has provided gatekeepers with the opportunity to adapt. In some ways, the Court of Justice's ruling in Meta reflects some concepts of the DMA. Of course, the reference to an appropriate payment if necessary ("le cas échéant") must be interpreted restrictively because it involves a fundamental right whose exercise should not become a privilege for the few. 

Here, data protection, consumer protection, and the DMA are aligned, which is also a sign that various enforcers can in some cases cooperate well with each other. This pay or ok model must be abandoned, and the sooner an enforcer achieves this ultimate goal, the better. The EDPB expansively interprets the GDPR to introduce an additional requirement, namely the requirement to provide a “free alternative without behavioural advertising”. This would in effect be a quasi-mandatory condition for obtaining valid consent. Meta will therefore need to truly comply and adopt a different solution. The alternatives must be compliant not only with the DMA but also with the GDPR and consumer protection laws, of course. 

The Meta ruling was significant, but the DMA had already anticipated many of the points made by the judges, including the topic of forward-looking collaboration among enforcers. A prime example of this is the High Level Group. From the outside, it already appears to be a very important institution in the DMA regulatory framework. From the perspective of civil society, we would appreciate greater transparency of its workings and, perhaps exceptionally, an invitation to participate 

The German Facebook saga has recently concluded. Long live Article 5(2) DMA? 

Certainly, but also long live Section 19(a) of the GWB. It would be better if other national authorities adopted similar provisions to alleviate the burden on Article 102 concerning the abuse of a dominant position. We'll see if the announced Draft Guidelines can somehow make this article more manageable, but at the moment, there may be many reasons to doubt it. In concluding the Facebook proceeding, the Bundeskartellamt clearly stated that not taking enforcement action based on its February 2019 decision does not imply Meta's behavior is fully compliant with obligations under competition, data protection, consumer protection laws, and the DMA. It suggested that other authorities could use their powers to further improve Meta's service offerings, turning the situation into a relay where the Bundeskartellamt's conclusion serves as a launch point for further enforcement by others. This indicates that improvements might also come from applying GDPR principles such as data minimization. 

Final reflection: it’s not about praising the DMA as such, but this specific provision is well-crafted and highly targeted. It anticipated developments that we later saw concerning the GDPR and complements consumer protection effectively. Other provisions may be less so. The synergy with Section 19a of the GWB is particularly promising, and it's unfortunate that authorities in other Member States are not equipped with similar measures in their own legislations.

Monday, October 28, 2024

Death by a thousand roundtables

 Chalmermagne, here.

The Reform of Article 102 TFEU: Evolution or Revolution?

 ICF, recordings here.

Apple Intelligence is available today on iPhone, iPad, and Mac

 Apple, here.

US weighs Google break-up in landmark antitrust case

 FT, here (and here).

And here.

Call for tenders: Study into how emerging technologies may impact digital market regulation

 Tender, here.

US talk on Google breakup gives EU political cover to get tough

 Politico.eu, here.

Competition Law in South Asia

 A. Darr, here.

The Other Sherman’s March

 R. John, here.

Cofece propone cambios en el sector fintech para que los mexicanos tengan acceso a mejores servicios financieros

 Aquì.

Media and Digital Platforms Market Inquiry

 South African Competition Authority, here.

Google’s $2 Billion Anthropic Investment Faces U.K. Antitrust Scrutiny

 WSJ, here.

Antitrust has come into fashion

 Here.

What happens in the Google ad tech antitrust trial now that testimony is done?

 Digiday, here.

EU AI Act: Brussels effect(s) or a race to the bottom?

 G. Greenleaf, here.

The antitrust trial of the United States v. Google, LLC

Usvgoogleads, here.

PLATAFORMAS DIGITAIS NO BRASIL: FUNDAMENTOS ECONÔMICOS, DINÂMICAS DE MERCADO E PROMOÇÃO DE CONCORRÊNCIA

 Secretaria de Reformas Econômicas do Ministério da Fazenda, aqui

Plataformas Digitais no Brasil: Fundamentos econômicos, dinâmicas de mercado e promoção da concorrência

Case summary of 10 October 2024: Facebook; Implementation of the Bundeskartellamt’s decision of 6 February 2019 (Abusive business terms due to inappropriate data processing)

 Bundeskartellamt, here.

Competition and Artificial Intelligence

 Report to the California Law Review Commission Antitrust Law: Study B-750, here.

The Search Monopoly

 Organized Money, here.

Reshaping EU Merger Control: from Harm Detection to Harm Control

 S. Marco Colino, K. Lam Macy Chung, here.

The Push to Fire Lina Khan Reveals a Serious Problem in Silicon Valley

 

Breaking Up Google

 C. Rikap, here.

Protecting competition in a changing world - public workshop

 EC, here.

Reid Hoffman on......Lina Khan

 On with Kara Swisher, here.

Natural monopolies and oligopolies have emerged in the asset management industry

 R. Chopra, here.

Innovation Misunderstood

 M. Stucke, A. Ezrachi, here.

Examining the impact of artificial intelligence on market competition and consumers

 Hungarian Competition Authority, here.

Commission fines České dráhy and Österreichische Bundesbahnen €48.7 million over collusion to exclude common competitor

 Here.

Justice Department and Department of Transportation Launch Broad Public Inquiry into the State of Competition in Air Travel

 Here.

Memorandum on Advancing the United States’ Leadership in Artificial Intelligence

 White House, here.

The next big arenas of competition

 McKinsey Global Institute, here.

DCI Annual Conference 2024

 Day 1, Video here;

Day 2, Video here.

Starting again (a bit) - lost and unsure without it myself ;-)

Tuesday, August 06, 2024

Google loses massive antitrust lawsuit over its search dominance

 CNN Business, here

Guidelines on exclusionary abuses of dominance: public consultation

 EC, here; Draft Guidelines here

Meta’s Fundamental Digital Rights Blunder - And a German Antitrust Fix

 Jürgen (Bering) and myself, here

The AI Act Roller Coaster: How Fundamental Rights Protection Evolved in the EU Legislative Process

 F. Palmiotto, here

Dynamism and Politics in EU Merger Control: The Perils and Promise of a Killer Acquisitions Solution Through a Law & Economics Lens

 A. Tzanaki, here

The Rhyme and Reason of Gatekeeper Designation under the Digital Markets Act

 F. Bostoen, G. Monti, here

BGH: Überragende marktübergreifende Bedeutung für den Wettbewerb (Amazon)

 KVB 56/22, hier

DOJ, states win Google search antitrust case

 Politico.com, here

Digital Platform Regulators Forum 2024

 Communiqué, here

Meta to be hit with first EU antitrust fine for linking Marketplace and Facebook, sources say

 Reuters, here

A Primer On The DOJ’s Upcoming Antitrust Trial Against Google

 AdExchanger, here

Platform power in AI: The evolution of cloud infrastructures in the political economy of artificial intelligence

 D. Luitse, here

Is Competition Only One Click Away? The Digital Markets Act Impact on Google Maps

 L.-D. Pape, M. Rossi, here

The Meta Smokescreen

 BEUC, here

Dual-Use Foundation Models with Widely Available Model Weights

 NTIA, here

ByteDance v. Commission

 J. van den Boom, S. Hinck, here

Regulating the Direction of Innovation

 J. Gans, here

Can AI Break Out of Panglossian Neoliberalism?

 E. Morozov, here

Designing (restorative) remedies for abuses of dominance by online platforms

 D. Mandrescu, here

LESSONS FROM THE FDA FOR AI

 AINOW, here

Feds put Nvidia AI deal under antitrust scrutiny

 Politico.com, here

Apple Updates App Store Guidelines for PC Emulator Apps

 MacRumors, here

European Union’s Strategy for Data

 101 Charts, here

The Broligarchs Are Trying to Have Their Way

 B. Harrigton, here

New Research: So Far, AI is Not Disrupting Search or Making a Dent in Google

 SparkToro, here

Why Do Your Eyeglasses Cost $1,000?

 Freakonomics Podcast, here

Northwest lawmakers join push to block Kroger-Albertsons merger

 The Seattle Times, here

A new merger wave in the agri-food value chain? Some reflections on the Bunge/Viterra merger

ICF, Preliminary Report, here

Thursday, July 25, 2024

On the Antitrust Implications of Embedding Generative AI in Core Platform Services

 T. Hoppner, S. Uphues, here

Nach wettbewerblichen Bedenken – Rücknahme einer Fusionsanmeldung im Bereich Crashtest-Dummies

 Bundeskartellamt, hier.

Google’s latest Privacy Sandbox gambit could pit user choice against tracking

 Natasha The Great, here.

CrowdStrike: il Garante privacy avvia accertamenti sugli effetti del blocco informatico

 GPDP, here.

Joint Statement on Competition in Generative AI Foundation Models and AI Products

 EU, UK, US, here.

IV BRAZIL-EUROPEAN UNION FORUM

 With M.M, here.

Von der Leyen muss Prioritäten setzen für Europas Wirtschaft

 T. Duso, hier.

Breaking Up the Giants of Harm

 Balanced Economy Project, here..

Beyond prices: The role of Monopoly Power in global inflation

 SOMO, here.

CrowdStrike IT Outage Explained by a Windows Developer

 Dave's Garage, here.

La CNMC investiga al grupo Apple por posibles prácticas anticompetitivas relacionadas con la distribución de aplicaciones en sus dispositivos

 Nota de prensa aquì.

Rot Economics - An Interview With MIT's Daron Acemoglu

 Here, and podcast here.

Competition Bureau advances an investigation into Kalibrate’s gas pricing services

 PR, here.

Digital Platform Services Inquiry – March 2025 – Final Report: Issues Paper

 ACCC, here.

Copyright and Generative AI: What Can We Learn from Model Terms and Conditions?

 G. Cifrodelli, L. Edwards, here.

Monday, July 22, 2024

Competition and industrial policy in the 21st century

 J. Tirole, here

Japan's competition chief speaks to MLex

 MLEX, here

DIGITAL ECONOMY REPORT 2024

 UNCTAD, here

FRANK PASQUALE: «NECESITAMOS UNA INTELIGENCIA ARTIFICIAL AL SERVICIO DE LOS HUMANOS»

 Telos, aquì

Beware the rise of the super-app that does everything

 K. Birch, here

Artificial intelligence and copyright: use of generative AI tools to develop new content

 IP Helpdesk, here

Far From a Punt, SCOTUS’s NetChoice Decision Crushes Big Tech’s Big Litigation Dreams

 Epic, here

Statement 3/2024 on data protection authorities’ role in the Artificial Intelligence Act framework

 EDPB, here

EU Court upholds Commission decision to designate TikTok parent as gatekeeper

 Euractiv, here

Avviata istruttoria nei confronti di Google per pratiche commerciali scorrette

 AGCM, qui

The DOJ Antitrust Division isn’t afraid to go to court

 The Verge, here

EU Antitrust Regulators Probe Google-Samsung AI Deal for Potential Anti-Competitive Practices

 CPI, here

Friends of the Neo-Brandeisian Movement Unite!

 NLR, here

Justice Department and Federal Trade Commission Extend Public Comment on Request for Information Targeting Serial Acquisitions, Roll-Up Strategies Across U.S. Economy

 Here

Digital sovereignty in the G20

 FGV, here and here

The Economics of Biodiversity Loss

 S. Giglio et al., here

Nigeria’s $220 million fine against Meta previews a clash over market power

 Semafor, here

FINAL ORDER AND NOTICE OF THE FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION here

Kamala Harris’ ties to Silicon Valley: Here’s what you need to know

CNBC, here.  

No, EU competition policy was not responsible for global IT chaos

 I. Brown, here

CrowdStruck

E. Zitron, here

IT outage exposes fragility of tech infrastructure

 BBC, here

The 6 Companies That Own (Almost) All Media [INFOGRAPHIC]

 WebFX, here

If it walks like a firm exercising market power post-merger...

 FTC, here

And here

New European Competition Trends in Digital Markets

Open Access Book, here

Commission coordinates action by national consumer protection authorities against Meta on ‘pay or consent' model

 Here

Commission accepts commitments by Vifor to address possible anticompetitive disparagement of iron medicine

 PR, here

The Korean Air-Asiana Airlines Merger Shows How Rational Actors May Produce Irrational Outcomes

 S. Lee, here

AI mass surveillance at Paris Olympics – a legal scholar on the security boon and privacy nightmare

 A. Toomey McKenna, here

Friday, July 12, 2024

Apple Pay Antitrust case: EC press conference (get your alternative wallets default and ready)

It's obviously hard to get excited about online payment methods, but this is the most important thing to happen at the interface between fintech, big tech, and competition that I can think of.

Press conference here.

Press release here

Lucky us, Natasha the Great covered it, here.

I wonder how Australian banks - and the @acccgovau - are taking this news, eight years later (from @wavesblog archives  https://www.afr.com/companies/financial-services/apple-is-closed-and-controlling-say-banks-as-iphone-dispute-heats-up-20161017-gs4590 - interestingly also, in retrospect, who their economic consultant was.

Wednesday, July 10, 2024

On Open-Weights Foundation Models

 FTC, here.

Economic termites

DNW Podcast here.

The star economist who inspired Sir Keir Starmer’s ‘missions’

"The Telegraph" here.

The Public-In-The-Loop and the European Approach to AI Policy and Regulation

 From the AI Office trenches, here.

With AI, we need both competition and safety

 Brookings, here.

A false start is not an option for the EU AI Office

 Euractiv, here.

Call for tenders: Online advertising at the crossroads of different regulatory frameworks

 EU, here.

Artificial Intelligence Co-Regulation: The role of standards in the EU AI Act

 C. Marsden, here.

CODE’s Contribution to the European Digital Agenda

 Here.

Design trompeur : les résultats de l’audit du Global Privacy Enforcement Network

 CNIL, ici.

The Netherlands: DMA Enforcement Paradise?

 J. van den Boom et al., here.

Filmwerkstatt Düsseldorf v. Meta

 Düsseldorf Regional Court, here (GenAI translation).

And Freiheitsrechte on the ruling hier.

[Video hier.]

Ecosystem theories of harm in EU merger control: analysing competitive constraints and entrenchment

 M. Batra, here.

Dutch Torpedo at Work – AG Collins’ Opinion in the Booking Case

 Kluwer CLB, here


And dusting-off, this (much praised by the very kind Heike when I first presented it).

Public Interest AI for Europe? Shaping Europe’s Nascent Industrial Policy

 AINOW, here.

[This is a real] Conference Debrief – Highlights from the ECN DMA Workshop

 SCiDA, here.

Monday, July 08, 2024

Round Table on recent developments in merger control standards

 Competition Commission of South Africa, here.

Enforcing competition law in digital markets and ecosystems: policy challenges and options

 Competition Commission of South Africa, here.

The E.U. Goes Too Far

 Stratechery, here.

The Digital Markets Act: A short guide for tech challengers

 Belgian Competition Authority, here

Press release here.

The Japanese Smartphone Act: Teaching Competition Law New Tricks

 A. Ribera Martìnez, here.

Das Dateninstitut kommt. Die Gemeinwohlorientierung bleibt fraglich

 OKF, here.

Enforcing competition law in digital markets and ecosystems

 Portuguese Competition Authority, here.

The EU’s Investigation Into Microsoft Teams: A Preliminary Assessment

 C. Bergqvist, here.

Transparency Unveiled: Access to Information in Digital Markets Act Proceedings at Member State Level – The German and Austrian Experience

 J. Helminger, here.

Transparency Unveiled: Access to Information in Digital Markets Act Proceedings on EU Level

 L. Hornkohl, here.

Instagram e Facebook usam suas fotos e textos para treinar IA: por que a prática está sendo questionada?

 Globo, here.

Industrial Policy Is a Nostalgic Pipe Dream

 J. Galbraith, here.

Global Digital Compact - and the rest of us

 Technologists, here.

MaCCI 2024 Conference on merger control

 Videos here.

BEREC’s input to the EC public consultation on the White Paper “How to master Europe’s digital infrastructure needs?”

 Here.

ICN Workshop on Sustainability

 Video here.

Antimonopoly Antitrust Metrics

 H. Hovenkamp, here.

Four Strengths of the Government’s Lawsuit Against Live Nation-Ticketmaster:

 M. Carrier, Part I and II

The unanimous overhaul of the Competition Act is a big win for Canadians

 The Globe and Mail, here.

The Roberts Supreme Court’s Decision on Netchoice Was Righteous

 Z. Teachout, here.

Promoting Innovation Ecosystems in Antitrust: A Framework for Antitrust Analysis Applied to Emerging AI Technologies

 Roosevelt Institute, here.

A call to action from civil society’s frontlines

 Siaisa Place, here.

Sanzione alla Figc per abuso di posizione dominante

 AGCM, qui.

Facial Recognition Technology: Current Capabilities, Future Prospects, and Governance

 National Academies, here.

DMA, One Year On: Taking Stock of the EU’s Attempts to Rein In Big Tech

 BotPopuli, here.

Delivery Hero may face significant fine due to antitrust violations and intends to increase corresponding provision

 EQS, here.

AI Overviews and Google's AdTech Empire

 


Mystery AI Hype Theater 3000, Podcast here.

Publicité en ligne : la CNIL se prépare aux évolutions des modèles d’affaires

 CNIL, ici.

Europe needs competition, not national champions

 Brookings, here.

Commission requests information to Amazon under the Digital Services Act

 EC, here.

Digital Public Infrastructure (DPI) Map Launch

 UCL IIPP, here.

Google considered blocking Safari users from accessing its new AI features, report says

 9To5Mac, here.

The Global Benefits of Reining in Live Nation-Ticketmaster’s Power

 K. Montoya, D. Hanley, here.

GEN AI: TOO MUCH SPEND, TOO LITTLE BENEFIT?

 Goldman Sachs, here.

Epic Games CEO promises to ‘fight’ Apple over ‘absurd’ changes

 TechCrunch, here.

The Great Scrape: The Clash Between Scraping and Privacy

 D. Solove, W. Hartzog, here.

Tuesday, June 25, 2024

Commission sends preliminary findings to Apple and opens additional non-compliance investigation against Apple under the Digital Markets Act

 EC, here.

US Antitrust: Principles, Cases, and Materials (2d Edition)

 D. Francis, C. Sprigman, here.

Protecting competition in a changing world

 EC, here

Conference here (27 June), Live-stream 2PM here.

The European Union's AI Act: beyond motherhood and apple pie?

 N. Smuha, K. Yeung, here.

European Elections & the Digital Markets Act: J Espinoza (FT) L Crofts (MLex) S. Stolton (Bloomberg)

 Chez Oles, here.

Commission sends Statement of Objections to Microsoft over possibly abusive tying practices regarding Teams

 Here.

Varieties of corporate innovation systems and their interplay with global and national systems: Amazon, Facebook, Google and Microsoft’s strategies to produce and appropriate artificial intelligence

 C. Rikap, here.

United Nations Global Principles For Information Integrity

 Here.

Let's Talk Competition | Episode 7: Past and future of Competition policy

 Video here.

ECN DMA Conference in Amsterdam: This is not a de-briefing.

 

The conference unfolded under the quintessential Amsterdam weather—perfectly sunny and temperate. The venue was notably accessible and comfortable, which, coupled with its considerable distance from the city’s main attractions (a city where, full disclosure, my husband was born), ensured that attendance remained high throughout the event. The dessert buffet was quite impressive, matched only by the quality of the snacks provided during the post-conference reception.

From a substantive standpoint, the conference aimed to showcase the potential of the Digital Markets Act (DMA) to the business community. I can personally attest to the presence of CEOs from a diverse array of small to medium-sized enterprises, not just from Europe. Naturally, there was a risk that discussions might veer towards the non-compliance of gatekeepers; however, I believe this was mitigated, at least to a point. The presentations and ensuing discussions were constructive, both in the plenary sessions and the breakout rooms.

While I'm not sure if new business ideas directly stemming from the DMA emerged, the conference certainly brought to light several research topics (see our call for papers here). It was particularly intriguing to note the presence of investors interested in enterprises that could benefit from the DMA. Remember, navigating the DMA is a marathon, not a sprint. Fingers crossed.

M. Vestager, speech here.

The DMA, A short guide for tech challengers here

My X posts, unrolled here.

Friday, June 21, 2024

Wednesday, June 19, 2024

The Promise and Perils of Human Rights for Governing Digital Platforms: Symposium Introduction

 TechPolicyPress, here.

Transatlantic Dialogue: areas of convergence

 DOJ, here.

How the EU’s DMA is changing Big Tech: all of the news and updates

 The Verge, here.

EBU publishes “strategic asks” on generative AI and media

 BroadbandTVNews, here.

REDISCOVERING ADAM SMITH

 M. Holyoak, here.

Learning from the EU’s Mistakes: What To Do About Google’s Dominance in Search

 T. Cowen et al., here.

How to master Europe's digital infrastructure needs

 Internet Society, here.

We put the Google Finance link first

 Google, video here.

The Hacking of Culture and the Creation of Socio-Technical Debt

 e-flux Journal, here.

What’s All the Fuss About Antitrust?

 ACS, here.

The alarm bells are ringing: Competition is the solution to the productivity crisis - in Canada

 M. Boswell, here

Video here.

SCiDA Podcast on the DMA!

 Here.

UBS/Credit Suisse: FINMA schliesst Kontrollverfahren ab

 FINMA, hier.

Africa: The need for a new competition policy approach in digital economies

 F. Wang'ombe Kariuki, R,.Mazer, here.

Wettbewerbsbehörde beantragt Geldbuße gegen Brau Union

 ORF, hier.

RTL/DPG: Vergunning aanvragen

 ACM, Beslissing in NL and E-DeepL.

Monday, June 10, 2024

2024 Milton Handler Lecture on Antitrust: Bill Baer on Competition Policy and Enforcement

 Video here.

Procompetitive Industrial Policy

 EU at the OECD, here.

Monopolisation, Moat Building and Entrenchment Strategies

 US at the OECD, here. And the EU, here.

The Evolution of the Case Law on ‘Abuse’ of Dominance in EU Competition Law

 P. Akman, audio here

The impact of the EU General data protection regulation on product innovation

 K. Blind et al. here

Pay or Okay coercion or a fair deal

 CPDP.ai, video herehere

Fifty Years of the Brussels-New York Connection

 EC and Fordham, video herehere

Entretien avec Shoshana Zuboff : les mutations du capitalisme de surveillance à l'ère de l'IA

 France Culture, Podcast ici

Opinion on Meta’s reference offer published in March 2024 to facilitate WhatsApp interoperability under Article 7 of the Digital Markets Act

 BEREC, herehere

Governing Digitization in Public Interest

 F. Bria, herehere

What Is Bold, Old, and Necessary about the DOJ’s Lawsuit Against Live Nation-Ticketmaster

 J. Kwoka and Tommaso, here

AI governance in India – law, policy and political economy

 D. Joshi, herehere

Three Algorithms in a Room

 L. Goldstein, herehere

BMW, Mercedes, Thyssenkrupp und VW dürfen zum Erwerb von bestimmten Technologielizenzen gemeinsam verhandeln

 Bundeskartellamt, hierhier

Intelligence artificielle : la CNIL poursuit ses travaux pour une IA innovante et respectueuse de la vie privée

 CNIL, iciici

EX-ANTE VERSUS EX-POST IN COMPETITION LAW ENFORCEMENT: BLURRED BOUNDARIES AND ECONOMIC RATIONALE

 P. Bougette & Friends, herehere

Auswirkungen von KI auf die Meinungsvielfalt und Regulierungsansätze

 KEK, hierhier

50 YEARS OF THE GERMAN MONOPOLIES COMMISSION

 D'Kart, here

Where it all began: The Bundeskartellamt’s Meta case

 Germany at the OECD, here.

Mass Surveillance in Digital Markets Raises Many Privacy and Competition Concerns

 US at the OECD, here.

The intersection between competition and data privacy

 OECD, Background Note here.

Apple has drawn a fuzzy line about what counts as console emulation on iPhone

 AppleInsider, here.

The Digital Fixer

 


Part I, Part II, and Part III.

Thursday, May 30, 2024

The slipstream strategy: How high-status OEMs coopete with platforms to maintain their digital extensions' edge

 G. Reischauer et al., here

Competition policy in the Biden administration: Translating campaign poetry into governing prose

 B. Baer, here.

Commission calls on 18 Member States to comply with the EU Data Governance Act

 EC, here

The Evolving Role of Non-Price Competitive Parameters in EU Merger Review

 Norton Rose Fulbright, here

Fairness and contestability in the provision of software application stores services

 J. Padilla, here

Vertical Interoperability in Mobile Ecosystems: Will the DMA Deliver (What Competition Law Could Not)?

 G. Colangelo, A. Ribera Martínez, herehere

How a DOJ [IO] Economist Approaches Antitrust in America

Odd Lots, herehere.  

Harmful Online Choice Architecture

 CERRE Report, here.

Assessing India’s Ex-Ante Framework for Competition in Digital Markets

 V. Kathuria, here.

The Digital Services Act Meets the AI Act: Bridging Platform and AI Governance

 TechPolicy.Press, here.

Devising a trajectory towards a just and fair future: the identity of data protection in times of AI

 EDPS, here.

Pro-competitive industrial policy

 OECD, here.

Yann LeCun: AI Dynamics and Regulation

 Video here.

Taxonomy of Human Rights Risks Connected to Generative AI

UN B-Tech Project, here.

Privacy EU’s ChatGPT taskforce offers first look at detangling the AI chatbot’s privacy compliance

 Natasha The Great, here.

CDT EU Hosts DSA Civil Society Roundtable

 CDT, here.

Internet shutdowns in 2023: a global overview

 Access Now, here.

Ecosystem Theories of Harm: A Deeper Dive

 OECD, BIAC, Video here.

Reading the "Shadow Report" on US AI Policy

 TechPolicy.Press, here.

UK CMA Provides First Insights into the Application of UK Merger Control Rules to AI Partnerships

 Morrison & Foerster, here.

Regulating general-purpose AI: Areas of convergence and divergence across the EU and the US

 Brookings, here.

AI Integration and Modularization

 Stratechery, here.

Faux ScarJo and the Descent of the A.I. Vultures

 The New Yorker, here.

A new agenda to boost competitiveness and growth in the European Union

 Germany and France, here.

The Berlin Summit Declaration – Winning back the people

 Forum New Economy, here.

Justice Department Sues Live Nation-Ticketmaster for Monopolizing Markets Across the Live Concert Industry

 DOJ, here.

Private Ordering and Generative AI: What Can We Learn From Model Terms and Conditions?

CREATe, here.

Promoting competition in AI

 DOJ and Stanford, video here.

The ugly truth behind ChatGPT: AI is guzzling resources at planet-eating rates

 M. Mazzucato, here.

What Does the Supreme Court Have to Say About Consumer Welfare? A Reply to Professor Hovenkamp

 D. Bush, here.

THE POLITICAL ECONOMY OF INDUSTRIAL POLICY

 R. Juhász, N. Lane, here.

Saturday, May 25, 2024

Fear and concentrated market power

 L. Khan, here

Media Companies Are Making a Huge Mistake With AI

 J. Lessin, here.

Artificial intelligence, data and competition

 OECD BP, here.

The Future of Collaborative Technology and Democracy

 G.Weyl, A. Tang, here.

Bringing Back Business Competition

 Lina in the Dragons' Den, here.

Consultation on new digital markets competition guidance

 CMA, here


Apple may soon have to allow third-party app stores in Japan too

 9to5mac, here.

Interim report 8: data products and services

 ACCC, here.

From Brussels to Boulder: Colorado Enacts Comprehensive AI Law on the Heels of EU’s AI Act with Significant Obligations for Business and Employers

 Baker McKenzie, here.

Olivier Guersent: Antitrust, Tech Giants and the Digital Markets Act in Talks with Aurelien Portuese

 GW, Podcast here.

Measuring the Openness of AI Foundation Models: Competition and Policy Implications

 T. Schrepel, J. Potts, here.

Towards a Framework for Openness in Foundation Models

 A. Basdevant et al., here.

How Does Competition in Generative AI Work?

 Video here.

Gateways Comparing Digital Communication Systems in Nordic Welfare States

 S. Sophus Lai, S. Flensburg, here.

Danish market investigations

 Here.

Monopolisation, moat building and entrenchment strategies

 OECD, here.

A Competition Lawyer’s Digest of the Letta Report – What You Need to Know

 S. MacMahon Baldwin, here.

Café IA, un dispositif pour débattre et agir sur notre relation aux technologies.

 CNN, ici.

Follow the (personal) Data: Positioning Data Protection Law as the Cornerstone of EU’s ‘Fit for the Digital Age’ Legislative Package

 G. Zanfir-Fortuna, here.

WIPO Member States Adopt Historic New Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

 WIPO, here.

Digital Markets, Competition and Consumers Act receives Royal Assent

 UK Gov, here.

Thursday, May 23, 2024

Dynamics of Corporate Governance Beyond Ownership in AI

 C. Rikap, here.

Further investigation needed into acquisition of media company RTL by rival DPG

 ACN, here.

PUT THE PUBLIC IN THE DRIVER’S SEAT: SHADOW REPORT TO THE US SENATE AI POLICY ROADMAP

 CSOs, here.

Signal is a mighty example proving that tech can be done otherwise

 M. Whittaker, here.

CMA's Cloud services market investigation

 Competitive landscape working paper, here

Egress fees, here

Committed spend agreements, here.

High-Level Group for the Digital Markets Act Public Statement on Artificial Intelligence

 HLG, here.

Remarks by Executive Vice-President Vestager on the adoption of an antitrust decision against Mondelēz for cross-border trade restrictions

 Here.

FTC and DOJ Seek Info on Serial Acquisitions, Roll-Up Strategies Across U.S. Economy

 FTC, here.

2024 Anti-Monopoly Summit

AELP, Video here.

Tuesday, May 14, 2024

Of Hope, Reality, and the EU Digital Markets Act

 C. Caffarra, here

POWER & DIGNITY The Ends of Online Behavioral Advertising in the European Union

 A. Zerdiashvili, here

Private equity escapes major antitrust lawsuit

 Axios, here

What’s Happening in France, Portugal, and Poland? Catching Up With International Enforcers at the 2024 Spring Meeting

 ABA, Our Curious Amalgam here

Las Startups españolas denuncian prácticas anti-competitivas de Microsoft ante la CNMC

 Startups, aquí

CNMC public consultation on cloud services

 Here

Avec Antoine Monin, directeur général de Spotify France

 On n'arrête pas l'éco,  ici (de 21:25). 

Computational Antitrust and the Future of Competition Law Enforcement

 V. Robertson, J. Fleiss, here

A Regulatory Roadmap to AI and Privacy

 D. Solove, here

ICN 2024 Conference

 Live streams here

The new EU and UK regimes for regulating competition in digital markets: we finally see what’s on the plate—but do we know how to eat it?

 O. Andriychuk, here

Smart Data Roadmap – a response from non-govt members

 Here

Microsoft is launching its mobile game store in July

 TechCrunch, here

What to expect during dawn raids under the DMA, the DSA, and the draft AI Act

KCLB, here

Generative AI for Pro-Democracy Platforms

 MIT, here.

Governments Must Shape AI’s Future

 M. Mazzucato, F. Gernone, here (and here). 

Wednesday, May 08, 2024

How the EU’s DMA is changing Big Tech: all of the news and updates

The Verge, here.  

CASE AT.40437 – Apple – App Store Practices (music streaming)

 Decision here

EU Competition Day 2024

 Video here

Noncompete agreements in a rigid labor market: the case of Italy

 T. Boeri et al., here

How to Fix a Failing Art. 102 TFEU: Substantive Interpretation, Evidentiary Requirements, and the Commission's Future Guidelines on Exclusionary Abuses

 H. Schweitzer, S. de Ridder, here (and here). 

Are Letta, Macron and Draghi Marking the End of Neoliberalism in Europe?

 C. Caffarra, here

Digital Ecosystems: Market challengers and pro-competitive solutions

 Edited by V. Falce, here

Commission seeks feedback on commitments offered by Vifor over possible anticompetitive disparagement of iron medicine

 Here

24th Annual Loyola Antitrust Colloquium

 Here

Readings: 

Breaking Up Bottlenecks in Big Tech and Everywhere Else: Two Remedies That Keep Your Packages Arriving in Two Days

The Healing Power of Antitrust  

Monsters in the deep?

 Bank of England, here

AI and the Law: Regulation and Opportunity

 Panel moderated by R. Picker (I don't often agree with him, but always learn something), Video here

Wednesday, April 24, 2024

Big companies, big risks

 ACM, here

Article 102 Guidelines: Where Are We Heading?

 E. Iossa, here

EU COMPETITION LAW AFTER THE GRAND CHAMBER’S DECEMBER 2023 SPORTS TRILOGY: EUROPEAN SUPER LEAGUE, INTERNATIONAL SKATING UNION AND ROYAL ANTWERP FC

 G. Monti, here

Investigation opened against Novamont for alleged abuse of dominant position by Novamont

 AGCM, here

Calling on the European Commission to Enforce Data Portability

 MyData, here

Bundesgerichtshof bestätigt Amazons überragende marktübergreifende Bedeutung für den Wettbewerb

 Hier

CMA Conference for its 10th anniversary

 Video here

How open, effective competition and targeted, effective regulation can together help to drive economic growth and productivity

 CMA, here

CMA seeks views on AI partnerships and other arrangements

 CMA, here

Consent or Pay: The EDPB weighs in

 iapp, video here

Monday, April 22, 2024

L'economia dei dati nell'Intelligenza Artificiale

 


Video qui

You don’t need to own an iPhone for the government lawsuit against Apple to benefit you

 Los Angeles Times, here and here

Audizioni sul ddl n. 1066 (Norme per lo sviluppo e per l'adozione di tecnologie di intelligenza artificiale)

 Senato, video qui

Considerations for AI Opt-Out

 M. Nottingham, here

EU Data Summit of the Konrad Adenauer Stiftung: Always learning something new and unexpected


Programme, here

Recordings:

Day 1 here.

Day 2 here

(Study mentioned during the "Level Playing Field in Accessing Vehicle Data?" here, BTW). 

Day 3 here


Second time that I participate in person, the other 4 editions I followed online (and I hereby gratefully acknowledge that I normally use the summit's recordings also as teaching material for my courses). 

Saffron Risotto - sophisticated dish
This time I participated in a transatlantic panel on antitrust (as a humble researcher and observer, I didn't have perhaps tons to say - apart from talking of saffron risotto - but the other two Panelists did - worth watching for their comments and the excellent questions by Samuel Stolton). But I also had a fun dual role as a moderator of a truly insightful DMA panel (first time I moderated a panel - and it showed - but, luckily, my great Panelists didn't need me at all!).

Driving Innovation with Antitrust

 G. Massarotto, here

EU Merger Regulation 139/2004: 20 Years that Made a Difference

 EC, Video here

OECD-EU Online Workshop on Regulation of Artificial Intelligence

 Video available here

Competitive and resilient high-tech manufacturing base in Europe

 M. Vestager, here.

Letta Report here

Draghi's Géopolitiques Article here

AI Foundation Models: Technical update report

 CMA, here

Non-price competition in EU merger control

 EC, Policy Brief here

Toward a Safer, Freer, and Fairer Digital Economy

 FTC, here

USTR Initiates Section 301 Investigation of China’s Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance

 US, here

Meta, in Its Biggest A.I. Push, Places Smart Assistants Across Its Apps

 NYTimes, here

European cloud customers affected by restrictive licensing terms for existing on-premise software, new [paid for] research finds

 Savanta, here

Konferenz: Shaping AI - Demokratisch. Nachhaltig. Innovativ

 Grüne im Bundestag, Video hier

EDPB: ‘Consent or Pay’ models should offer real choice

 Here

Sam Altman Invests in Energy Startup Focused on AI Data Centers

 WSJ, here

2024 Antitrust and Competition Conference

Full of amazing panels, you just have to watch them all - over the coming weeks and months, also because they'll even get better with time.

Day one, video here

How Much Does Antitrust Enforcement Affect Productivity Growth? (8:23)

Case Studies: AT&T & IBM (2:07:25)

The Quest for Next: How Antitrust Shapes Competition and Innovation in Computers and Chips (3:45:17)

Case Study: Microsoft (4:48:19)

Case Study: Google (6:11:24)

The End of the Beginning for the Antimonopoly Movement? (7:33:50)

Conversation with Lina Khan and Jonathan Kanter (9:39:53)



Day two, video here.

Regulatory Competition, the DMA and Innovation (14:05)

How (Not) To Regulate AI: Challenges and Opportunities (1:50:54)

The Proper Role of Economics in Merger Review (3:34:20)

Privacy, Property Rights and the Diffusion of AI (4:52:29)

This Conference is NOT Funded by Big Tech (6:20:55)


Sunday, April 14, 2024

FTC chair Lina Khan on playing "anti-monopoly"


 CBS News, here

Gen AI - Law & Policy Challenges

 DCI, Video here.

Rebalancing Europe: A new economic agenda for tackling monopoly power

 Programme here; livestream here

Meta Seeks Dismissal of FTC’s Antitrust Lawsuit Over Instagram, WhatsApp Deals, Claiming It ‘Faces Fierce Competition From a Range of Platforms’

 Variety, here

Regulating Big Tech: India Joins the Club

 V. Kathuria, here

Monopoly Round-Up: A Judge Can Break Up Google Right Now. Will He?

 M. Stoller, here

Développement des systèmes d’IA : les recommandations de la CNIL pour respecter le RGPD

 CNIL, ici

Nach EU-Milliardenstrafe: Apple streicht Linkverbot, beharrt auf Provision

 Heise.de, hier. Also here

How Tech Giants Cut Corners to Harvest Data for A.I.

 NYTimes, here.

Reshoring and Restoring: CHIPS Implementation for a Competitive Semiconductor Industry

 Economicliberties.us, here

Power and Progress: Our Thousand-Year Struggle Over Technology and Prosperity

 D. Acemoglu, Video here

Sure, No One Knows What Happens Next. But Past Is Prologue When It Comes To AI

 TechPolicy.press, here

Google's Chrome Antitrust Paradox

 S. Munir et al., here

Revision of EU pharmaceutical legislation

 EP, here

The DSA and Platform Regulation Conference 2024

 Videos here

Meta's Pay-or-Okay Model: An Analysis Under EU Data Protection, Consumer, and Competition Law

 A. D'Amico et al., here

Grüne Technik: EU-Kommission will Chinas Marktdominanz eindämmen

 Heise.de, hier

In Conversation with Mariana Mazzucato, Tim O’Reilly and Ilan Strauss on Algorithmic Attention Rents

 Video here

EU Companies Criticize Proposal Favoring Big Tech in Cloud Computing Contracts

 CPI, here

The EU Artificial Intelligence Act: our 16 key takeaways

 Stibbe, here

UN: AI resolution must prioritise human rights and sustainable development

 Article 19, here

Said no to tracking cookies? Good chance your data are still being collected

 Amsterdam Law School, here

Rebalancing Europe – a new economic agenda for tackling monopoly power

 EU civil society, here

Amazon Self-preferencing in the Shadow of the Digital Markets Act

 J. Waldfogel, here

Global dominance of biggest stocks rises to highest in decades

 FT, here and here

Business Blog’s Clear Eye on AI

 FTC, here

The Forgotten Anti-Monopoly Law: The Second Half of Clayton Act § 7

 R. Lande, J. Newman, R. Kelly Slaughter, here

Alternative browsers report uplift after EU’s DMA choice screen mandate

 Natasha The Great and I. Mehta, here

AI Foundation Models: Update paper (11 April 2024)

 CMA, here

Meta trials its AI chatbot across WhatsApp, Instagram and Messenger in India and Africa

 TechCrunch, here

Commission approves Illumina's plan to unwind its completed acquisition of GRAIL

 Here

3 key interlinked risks to fair, open and effective competition (update)

 CMA, here

The Dispersion of Power: Samuel Bagg’s Urgent Call to Redefine Democracy

 Yale ISPS, here

Epic's proposed permanent injunction

 Here

The historic all-star, whole-of-government approach panel


 Video here, from 41:50. 

Tuesday, April 09, 2024