@WavesBlog: 03/01/2023

Vanessa @beuc : streaming, price matters a lot to consumers, a survey showed - lack of transparency is one of the issues - (BTW, anti-circumvention as the Star Provision so far)

Meta, Giphy and Google are members of the
@DevsAllianceEU as well as many others developersalliance.org/community-dire… - nice discussions ahead

Community Directory - Corporate Members | Developers AllianceCorporate members committed to advocacy efforts, ensuring the best interest of developers and the companies that depend on them.https://developersalliance.org/community-directory/

"Not funded by Apple and Google" -among the corporate partners I found Microsoft and Google (?)
@FRdigitale

Our partnersBeing a France Digitale partner means being part of a collective that works to create digital champions in France and in Europe...https://francedigitale.org/en/partners

When is the "end user acquired"?

Provisions considered in isolation, concrete risk of abuse being shifted somewhere else @Spotify

[Can't help thinking about "The Playlist" - am I the only one?]

Throwing sand into the gears of interoperability - yep, real risk...

FRAND + anticircumvention [a bit like reference offer + anticircumvention with regard to Article 7 - we proposed an internal dispute resolution mechanism last week as part of the "blessed" reference offer]

Great seeing representatives of competitive app stores in the audience - and immediately discussing interoperability!

[Yes, Vanessa: Student just wrote a thesis on deceptive/dark patterns - and it's really scary!]

App developer: "we all agree that the past is the past". In the future, how can we make ensure that smaller developers can profit from a trusted environment?

Huge incentives for gatekeepers still to provide app stores under the DMA - oh yeah, and Hayek would agree (wrote about it in WuW research.owlit.de/document/5ef7f…)

https://research.owlit.de/document/5ef7fc44-5b56-31fd-9507-e7702854779a

App developers' incentives to provide privacy and security 🤔- choice to continue with the app store but you'd have the *choice* as an app developer #DMAisaboutchoice printed on my new T-shirt

Alternative OSs! Yes, let's talk about future frictions - but also learning from the past

Compliance reports should be live documents if you ask me...

Yes, juicy technical questions -luckily, last weeks we had other panels taking care of those 😊

Keynote from a NCA @AutoriteitCM - yes, involve them #participatoryimplementation forward looking

"The gatekeepers are going to be regulated companies" - banking provides good lessons, indeed!

"Effective compliance" is not only legal compliance - continuous process 👏

"Details matter" - avoiding friction is key here. Consult specialists, consumer groups, behavioural psychologists

Cooperation among digital regulators - Inspired by the UK, inspired by Giovanni Buttarelli - why is it still taking so long, the naive mind is asking?

I asked Martijn @AutoriteitCM online what the most effective things are that the NCAs could concretely do to make the DMA work as the legislator intended - no time/no choice. Idea 🤔... seconding staff with more regulatory experience, for instance?

"Outside the app": web based apps, sideloading and alternative app stores @kraemer_

Art 6(4) - Art 5(7) - Art 6(3) - Art 6(7) - provisions not to be implemented in isolation #obligationsarenotislands

"Unprecedented change in the regulatory framework" @Apple

"Necessary steps": discuss.

"New world of alternative distribution* @Apple - in the service of European citizens, ultimately benefitting them [Non-EU consumers wondering why they are excluded from these benefits, at some point 🤔?]

Third-party stores: what do they need? Fair competition based on trust [apply EU rules already there; essential, useful security prompts; no extra fees], etc.]

Loose coalition of independent software engineers @OpenWebAdvocacy

Contributors & Supporters - Open Web AdvocacyTeam of contributors to the Open Web Advocacy initiative https://open-web-advocacy.org/contributors/

"Web apps need to be just apps"

No gatekeeper should be entitled to decide what security, privacy, etc. look like.

Source code for effective review - with no dual/triple role (making a cut; own apps) - [Q.: how on earth are we still be discussing whether mobile ecosystems are totally flawed or not? The legislator has decided they are, we have rules that should be implemented - full stop]

[Lively discussion on Mastodon as well]

We are at the beginning of this process, months and years to come, says @Apple - well, the EU legislator has set the pace, for gatekeepers to comply

Coming up, hopefully, a more "all hands on deck" panel discussion on how to properly implement those provisions - in Rupprecht @ruppe_p we trust.

What are the conditions of access as of Article 6(12)? ✅
What is FRAND? The DMA might help✅

COM Assessment

Separating fees, creating transparency, based on hard data, etc., so difficult? We'll see...

The importance of data, reminds @SchibstedGroup - access to data - compliant with the GDPR.

The App Association, @actmembers - also sponsored by Apple?

AboutOur world has become increasingly mobile; by accessing data in the cloud, apps and connected devices are a central part of how we work, play, shop, and stay healthy. From medical records and financial…https://actonline.org/about/

The importance of engineers talking to engineers - agreed, @Google

Where does the value sit, both for app developers and the app marketplace providers?

One q in sli.do "Should analysis of "value" include the value that GKs derive from the presence of apps in their stores? inc value of data collected and how it is used by GKs?" and, I would add, also in terms of profiting from "innovation disclosure"?

Slido - Audience Interaction Made EasySlido is the ultimate Q&A and polling platform for live and virtual meetings and events. It offers interactive Q&A, live polls and insights about your audience.http://sli.do

Well, associations should disclose whether they get financing from potential gatekeepers. I did disclose that I wrote a study for a MEP.

My Q: "How would Prof. Podszum envisage that the EC could involve third parties when assessing FRAND conditions ("as part of safety net, as he pointed out")?

Thank you for the answer, Rupprecht - agreed, many tables! @ruppe_p

Sunday, March 05, 2023

European Citizens' Virtual Worlds Panel: A new phase of citizen engagement

EC, here.

The "most fabulous conference @BruxConf2023", unrolled

Historic times that we are living right now @vestager

A *very* long chapter on subsidies, understandably - entrepreneurs, not taxpayers, creating jobs...#BruxConf2023

Green claims - calling the green bluff if we see it @vestager #BruxConf2023

Digital markets have not fulfilled their promise(s)..."we cannot be accused of having been too fast" @vestager #BruxConf2023

"Reformulating concerns" - direct focus on consumers themselves #Apple

"Full toolbox" 🗜️🔧🔨✂️🔭🪛🪚🔮

International cooperation in merger control important indeed - the @WSJ had an interesting article on that, recently...

"We have war in Europe"@vestager top of our mind

Political economy, the idea of cheap is going away @RanaForoohar #BruxConf2023

One of my personal heroes 👉@chopracfpb

Promoting entry, promoting resilience, a way of *American/Germanic* thinking? "It's a new book that we are writing" #BruxConf2023

[we had the "new book" discussion only yesterday evening with a dear friend economist]

Antitrust is the bare minimum - open banking's plug, sector regulation @chopracfpb

"We all know why" US Big Tech legislation wasn't passed @chopracfpb - the EU #DMAMiracle instead - not perfect but workable

Yep, new economic paradigm not very clear yet - exciting times! @RanaForoohar

"It's settled a bit that it didn't work" @chopracfpb

"This isn't the coffee break" @Caffar3Cristina makes clear

Let's discuss the Biden Executive Order - Really @superwuster #BruxConf2023

[Pity I wrote this concurrences.com/IMG/pdf/06.con… too early]

"It's an expert thing" - well, I think that effects of the shift should also be palpable (kitchen table topic, e.g. "look, we have interoperability we grandma's favourite service!"]

Exculpatory narratives (@superwuster), demand for them and agencies believing them - what could possibly go wrong?

In full praise of the New Brandeisians, apparently @AMundt_BKartA #BruxConf2023

But what bout the Courts? @AMundt_BKartA #posture v. #law

"Not close to the more economic approach" but revising the economic toolbox @AMundt_BKartA #BruxConf2023

...with a little help from the German legislator - and more coming 😉#BruxConf2023

Thrilled that many are mentioning UK open banking - it's much about interoperability (open APIs, etc.), guys #BruxConf2023

More economics, less enforcement, suboptimal economic effects @TomValletti - one merger per year prohibited by @EU_Competition

The "Orthodox but progressive" economist says, please, not more "allegedly sophisticated economics" - incentives, resources all wrong @TomValletti - simple and coherent economics needed

...economics helpful in understanding business strategy, incentives, etc. Agree, but well beyond IO, if I may

The amazing @johnmarknewman up now: "the law has some catching up to do"

Rusty legal tools - but not dead law #Meta_Within - they are on the table, and sharp enough

Political economy we don't want: companies as central planners ("buying instead of building") @johnmarknewman

"Antitrust is failing" and this hurts @rodgsims #BruxConf2023

More structural provisions in merger control and more per se rules @rodgsims

"Empire strikes back" moment might be coming @superwuster

Common law nature of some of the changes
@superwuster
- [guidelines and other means can help institutionalize them, of course]

"Data inflation" - legislators didn't see it @AMundt_BKartA

Discussions, postures ok, but achieving real change is plan A - Andrea Coscelli 🙌 #BruxConf2023

Not a 'Chicago style' simple theory is what we need, but a set of strong, flexible principles @johnmarknewman #BruxConf2023

Ristretto and some fresh air urgently needed - but no Belgian patisserie here

"Non-compete" should be a huge red flag @RKSlaughterFTC #BruxConf2023

A very healthy industry focusing on suing the FTC @RKSlaughterFTC - not unexpected

A history teacher before going to law school, Doha Mekki #BruxConf2023 - very useful in the current debate

AI/ML - how is the role of data changing? Doha Mekki

Decarbonization changing affected industries, but how? @BCoeure #BruxConf2023

Plugging the legal gaps: more international cooperation in antitrust needed - Margarida Matos Rita #BruxConf2023

Now the orthodox and progressive Martijin Snoep - also national *regulator* under the DMA (nice he mentioned it) #BruxConf2023

Nice case before EU courts in merger control just mentioned "how significant" should be each individual transaction be if there are many?

[New Competition Tool off the table - still mourning myself]

Fairness and exploitative abuses - current Apple cases moving in that direction, we are hearing #BruxConf2023

More sustainable supply chains in order to avoid (?) the climate disaster - Article 101.3 comes to rescue, with a couple of nudges (4.000.000 🐄in the NL)

"Whole-of-government approach" beyond the FTC/DOJ [some agencies dragging their feet, however - my impression] #BruxConf2023

A Cross-Atlantic chicken problem discussed like now, great! - #kitchentabletopic #BruxConf2023

"Don't move, this isn't lunch time yet" @Caffar3Cristina

"Courts have considerable leeway" AG Kokott #BruxConf2023

1) Containing market power, corporate liability extended;
2) Strengthening defence rights of companies of market power - more economic approach still blossoming in the EU - perhaps revising EU Art. 102 guidelines might have helped;

[Worrying, from a Judge: more economic approach here to stay, underenforcement a real risk]

3) Killer acquisitions: plugging a gap possible 🙌

Supplementary application of Art.102 (2), Art. 22 MR...Illumina good news so far, of course.

DMA: gaps plugging in the area of merger control? 🤔#BruxConf2023

*(2)* was actually (?) - very sceptical myself 😊

Jonathan Kanter #BruxConf2023, all in praise of @Caffar3Cristina 👏👏👏

"We are just getting started" @JusticeATR

Digital:
1) How does competition in this industry present itself? A tough but essential Q. "We need models that fit facts":
-intermediaries, often endless possibilities of anticompetitive behaviour
-- concentration, tipping markets (interrelated actions)
-- setting the rules

Self-preferencing label, not a safe-harbour Jonathan Kanter - #BruxConf2023

Structural reliefs always on the table (thus, e.g., "incentives to interoperate" may also be triggered 👍), as already shown -BTW

"An all-economist panel" - haven't we just heard that the more economic approach has caused underenforcement 🤔? Reflection on what went wrong but able to come up with something better, now? #BruxConf2023

Models getting it wrong - because, e.g., free entry assumptions are, well, fugazi - nobody to blame?

Innovation and theories of harm @johnvanreenen (me: not waiting for IO economists to develop them); praising ex-ante regulation (also in order to incrementally build expertise, an important point made by Chiara @Arcep on Monday)

Yes, gatekeepers are going to drag their feet...So what 😊? The DMA is powerful (it helps if economists might read all those complex provisions)

Overinvesting ("in buying") in order to keep out the competition @jan_eeckhout

Network theory of market power - nodes and links @BPellegrino_UMD - no need to define markets (well, this is becoming less important in any case 😉) #BruxConf2023

Working in the @FTC trenches, Aviv Nevo - we need "more economics in terms of being broader" #BruxConf2023

Transaction values matter, says Chiara Fumagalli. Well, the DMA at least is shining some light on all the transactions by gatekeepers - focusing on the high-value ones as a second step, perhaps -#BruxConf2023

Upcoming Merger Guidelines @Susan_Athey
What's competition, in this setting? Increasing barriers to entry, blocking a nascent competitor, future competition, and so on...

Thinking about market definition "more realistically", to avoid "confusion", and deriving the relevant market directly from the facts @Susan_Athey #BruxConf2023 [actually, at least in Meta/Within, it was actually not much of a burden]

Pierre Régibeau - killer acquisitions below the threshold are a thing #BruxConf2023

PR still wishing we could devote some (academic, possibly) thinking to things we could be better - don't getting "crazy about" new theories of harm because, of course, we have so much time as we like because in the long term we'll be all dead in any case #BruxConf2023 OK

Turning point: Furman Review - Sarah Cardell @CMAgovUK

Uncertainty as dealt in the UK merger guidelines - one of my favourite reads - also the UK Court "liked" them BTW #BruxConf2023

Economic framework we need: no labels, not much overlaid complexity, but they should be helpful in explaining how competition in reality works (commercial realities) - it's not a precise science, we might occasionally get it wrong - Brava

[Personal note: my deep frustration as an antitrust legal scholar having to cope with totally unrealistic Chicago theories developed into a PhD on vertical restraints embracing broader economic theories - 20 y. ago]

No worries, @RepKenBuck

Still alive and tweeting - thanks to plenty of water and 4 ristretti!

Do we need an antitrust or already a much broader policy/regulatory discussion on generative AI? #BruxConf2023

Trying to understand the tech issues - and then the adtech case came together @KenPaxtonTX #BruxConf2023

Stéphanie Yon-Courtin blocked me on Twitter: I respect her choice 😶

"Democratic convergence on what we wanted to achieve" @FiloBXL #BruxConf2023

DMA: a new form of regulatory supervision - as written in the law.

Platforms constantly changing the rules of the road @doctorow

Are we celebrating the wrong type of innovation? - @ArielEzrachi

[BTW - Art. 7 DMA is not *at all* backward looking 😎]

Before the 🍾starts to flow: Olivier Guersent on ducks and chickens #BruxConf2023

A new generation of Article 102 cases against the background of the DMA - not the end of antitrust - (agreed) OG

[Wrong remedies in the past, shouldn't we start taking some risks as done in the US and the UK, asks Cristina?]

"We will do it again"