Thursday, March 27, 2025

DMA@1: Looking Back and Ahead

CERRE Report here

Discussion here.

 

 My Bluesky Thread, for memory.


Keynote speaker’s message: we should stick to our DMA guns, despite the Commission’s tricky dual role. And this is what we're seeing (me: 🤞)

1️⃣ DMA complaint received by the Belgian CA and forwarded to the Commission.

NCAs staff seconded to contributing to DMA enforcement - how many are they? Belgium sent one.

Great stressing the complementary role of competition law to the DMA. Can't wait for those GenAI, cloud related cases...

Nobody from the DMA Team - not too pleased with the (barely passing) report card? I disagree, of course, but for the record CERRE didn't ask me 🙂

Alex de Streel just said that the DMA Team was invited but too busy at the moment.

DuckDuckGo more of a gatekeeper challenger than a "business user" if I may...

Box ticking type of engagement with Google, not really multilateral consultation, says DuckDuckGo (whybutwhy?)

Evaluation of the DMA: how to assess/maximize the impact on innovation, proposes DuckDuckGo [writing a paper on a dynamic, evolutionary assessment of the DMA - agree with nuances]

Apple on the panel, striking a notably assertive tone, claiming “hundreds of engineers” are working on compliance, and yet the Commission, they suggest, still doesn’t get it.

[Both Apple and DuckDuckGo are CERRE's members, as well as telecom regulators, did anyone mention it?]

Forward looking approach mentioned by Chiara, looking forward to it!

Fantastic, and the audience didn't even laugh: Apple as the "happy recipient" of the two specification decisions complained that it was too quick 😂

So: put it on the agenda of the next High Level Group - issues in the cloud sector, as will be explained by BEREC/Arcep

So, we heard that Apple was invited to the High Level Group - more transparency would be much appreciated

DMA Team from the audience: 1) Art. 7 KPIs are the goal; 2) hearing that clarity via specification decisions came too fast was, well, "interesting"

Simonetta Vezzoso
‪@wavesblog.bsky.social‬
Unintended consequences..."Security, privacy" mentions Axel - really? Haven't seen any yet TBH
March 27, 2025 at 4:14 PM

Waiting for the Meta Decision, which is going to improve privacy!

"Epic is a beneficiary of the DMA" - but 4 BIG Fs: - Fees; - Friction (15/12 steps, really?); - Fake security reasons; - Fear of retaliation.

CCIA: - DMA might change, uncertainty for businesses! - Fear of political intervention, bc regulators are understaffed! I'm going to stop there, the level of astroturfing is almost unprecedented.

[Clearly, Qualcomm and Microsoft didn't want to say anything.] Dutch CA: great work so far, do we see more innovation? Too early to say...

Also the Dutch CA: competition authorities can actually do a lot, need for coordination of investigative powers. And, more possibility of involvement by civil society!

[Wondering whether if Microsoft at some point will mention interoperability by design ☺️- very vague, subliminal messages so far]

CCIA: look at compliance costs, also by business users, consumers are worse-off - STOP.

Dutch CA, DMA assessment: Process, output, ok; outcome - increased innovation - we can't measure it yet. Yep, but if we're serious about innovation, much to say already (paper coming).

Specifics: totally agree with Epic. Data and its assessment (also with civil society's involvement, he said) is key!

Wholesale assault on the First Amendment by the Trump administration

 M.A.Franks, here

Judge Stein dismisses some, but not all claims v. OpenAI and Microsoft in the newspapers cases

 ChatGPT is eating the world, here

Friday, January 31, 2025

LOOKING AHEAD AT PRIVATE ENFORCEMENT OF THE DMA AND WHY THE DB STATION JUDGMENT DOES NOT HINDER STANDALONE DAMAGES CLAIMS

 Platform Law Blog, here

Apple asks court to halt Google search monopoly case

 The Verge, here.

A Personal Thank You to Lina Khan-From the Other Side of the Atlantic

FOR IMMEDIATE RELEASE 😁
ROME, ITALY - When I started studying antitrust law at university, I thought it was about fairness, discovery processes, and the democracy of opportunities. What I actually found was more of an economic comedy, scripted by the Chicago School, with the help of crafty and unscrupulous lawyers, where monopolies were presented as harmless, even benevolent giants. For anyone with common sense, it was obviously a farce-or worse.
Then you and a few others showed up, Lina. You quietly pointed out the absurdity and called the game for what it was: unchecked economic power stifles innovation, pushes up prices, exploits workers, and steadily erodes democracy.
You fought hard, achieved a lot, and didn't get nearly enough time. Maybe it was already too late.
Thank you, Lina. You made antitrust law, for a brief period (?), exciting again-reviving it from its cursed sleep. And that, in itself, is nothing short of miraculous.

From the Archives:"Are Tech Giants too big for America's Democracy?" Yes!

 2017 OMI Panel, video here.

A Report from the Court Room Part II: Apple’s paramount significance for competition across markets on trial

 SCIDA Project, here.

Beyond geopolitics: Agency and modularity in mobile telecommunications in Kazakhstan

 O. Baldakova, E. Oreglia, here.

Breaking up the Tech-Giants, for Real? [Or Academic Nirvana ;-)?]

 A. D'Amico, A. Gerbrandy, here. 

International AI Safety Report

 AI Action Summit, here.

DeepSeek and Trump 2.0: Can Europe Keep Up in AI?

 AI Now, here.

European Union: the Commission’s evolving approach to digital mergers

 GCR, here.

CHARTING THE DIGITAL AND TECHNOLOGICAL FUTURE OF EUROPE: WHAT PRIORITIES FOR THE EUROPEAN COMMISSION IN 2024-2029?

 EUI, here.

Monday, January 20, 2025

Une grande soirée festive pour fêter l’entrée dans une nouvelle ère numérique

 HelloQuitteX, ici.

Influence by design

P. Bouchaud, A. Lesplingart, A. Atanasova, ici.

NEUN WETTBEWERBSPOLITISCHE EMPFEHLUNGEN ZUR BUNDESTAGSWAHL

 Monopolkommission, hier.

From principles to practice: The case for coordinated international LLMs supervision

 O. Borgogno, A. Perrazzelli, here.

“Is the “Exclusionary Effects” Filter set out under the Draft Guidelines on Article 102 TFEU an empty one?”

 A. Lamadrid, here.

Amazon AI deal leaves ‘zombie’ start-up in its wake, whistleblower says

WP, here.

Protecting Democracy in the Digital Era: What Can Competition Law Contribute?

 V. Robertson, here.

CODE and the UK Digital Agenda

 Here (Meta, Google etc. as members).

Consultation publique sur les modalités d’introduction d’un système de contrôle des concentrations susceptibles de porter atteinte à la concurrence et ne franchissant pas les seuils de notification en vigueur

 Adlc, ici.

Clara Chappaz, ministre chargée de l'Intelligence Artificielle et du numérique

 FranceInter, ici (30:52).

FTC Surveillance Pricing Study Indicates Wide Range of Personal Data Used to Set Individualized Consumer Prices

 FTC, here.

Federal Trade Commission Accomplishments under Lina Khan

 FTC, here.

Technology is at an Inflection Point. The FTC is on the Front Lines.

 FTC, here.

FTC Issues Staff Report on AI Partnerships & Investments Study

 FTC, here.

Thursday, January 09, 2025

Free the Market: How We Can Save Capitalism from the Capitalists

 M. Lemley, here.

Cloud Policy: A History of Regulating Pipelines, Platforms, and Data

 J. Holt, here

Social Media: Content Dissemination and Moderation Practices

 CRS, here.

Navigating the new UK antitrust landscape 🍿

 White & Case, here.

Mapping Generative AI rules and liability scenarios in the AI Act, and in the proposed EU liability rules for AI liability

 T. Rodriguez, here.

Navigating China’s regulatory approach to generative artificial intelligence and large language models

 M. Zou, L. Zhang, here.

Brussels will be watching whether Musk breaks EU law in far-right livestream

 Politico.eu, here.

Assistant Attorney General Jonathan Kanter Delivers Farewell Address

 DOJ, here.

Bias baked in: How Big Tech sets its own AI standards

 CEO, here.

Lina Khan in conversation with Bill Baer

 Video here .

FTC Chair Khan hopes Amazon, Facebook won’t get ‘sweetheart deal’ from Trump in antitrust cases

 L. Khan's exit interview, CNBC, here

"What the reules are for speech online is an enormously important question, and a world and an economy in which those rules are being set by a single company - or even a single executive - is deeply at odds with why we have the antitrust laws and the antimonopoly laws. This is an economy that has thrived when we have fierce competition and I heard a lot of concerns, including on both sides of the aisle, about what happens when you concentrate control and have gatekeepers over who gets heard and who gets heard and who gets to speak...I think we should have an economy where the decisions of a single company or a single executive aren't having extrordinary impact on speech online...It will be intererint to see what happens. We have of course litigation ongoing, there's going to be a trial starting this spring,  FTC v. Facebook , alleging that their prior acquisition were illegal."

Amicus Machine: Commedia dell'arte gone wrong

 Google's AI nails it in this NotebookLM podcast .

Amicus brief here