F. Chirico, here.
Meta 5(2) decision mentioned at 1:04. Filomena said she was following this case directly. Glad that I had the chance to present to her and the other conference attendees our views in October last year.
Sunday, May 18, 2025
DMA: Behind the Scenes
Saturday, May 17, 2025
Bad, really bad for US companies: PayPal launches iPhone NFC payments in Germany
The Verge, here.
In some areas, the complementarity between DMA and competition enforcement worked really well...
5+ years of anticompetitive practices followed by some commitments to better behave in the future?
If you're Big Something, you're perfectly entitled to rationally behave as you like. EU competition law provides you plenty of incentives to do that!
EC, here.
Has the Ombudsman's proceeding ended, BTW?
Friday, May 16, 2025
Competition in the Provision of Cloud Computing Services
OECD, Background Note here.
(Already on my syllabus).
Viral outrage over Apple’s EU payment warnings misses key fact [indeed 😀: non-compliance with the DMA!]
The Verge, here.
"Under the DMA, app developers distributing their apps via Apple's App Store should be able to inform customers, free of charge, of alternative offers outside the App Store, steer them to those offers and allow them to make purchases.
"The Commission found that Apple fails to comply with this obligation. Due to a number of restrictions imposed by Apple, app developers cannot fully benefit from the advantages of alternative distribution channels outside the App Store. Similarly, consumers cannot fully benefit from alternative and cheaper offers as Apple prevents app developers from directly informing consumers of such offers. The company has failed to demonstrate that these restrictions are objectively necessary and proportionate"
Not covered, Apple is telling us. Non-compliance decisions not published yet. We were used to waiting for months (years?) for the publication of 101 and 102 decisions but the DMA was supposed to be much quicker and there is also the need to ensure adaptation.
Ripples in the Generative-AI Pond
Across the competition policy landscape, many are jostling for vantage over GenAI—a scramble laid bare in the ICN sessions in Edinburgh last week and, at the same moment, in the remedies phase of US v Google. In Europe, it was the German Verbraucherzentrale that dropped the first pebble, swiftly followed by NOYB, and the ripples carry particular weight in the shadow of the Court’s 2023 Meta ruling—a fact of which Meta is, needless to say, acutely aware.
[More soon in a paper].
Thursday, May 15, 2025
Y Combinator says Google is a ‘monopolist’ that has ‘stunted’ the startup ecosystem
TechCrunch, here.
"TechCrunch asked YC how it would respond to this critique, and whether it has any specific examples of areas that it probably would have funded had it not been for Google. So far, YC hasn’t responded to our comment request"
Wednesday, May 14, 2025
Commission organises DMA compliance workshops with Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft
EC, here
"The fabric of the DMA does not assign a central or institutionalised role to actual
or potential competitors in the enforcement process. The Commission has
nevertheless sought to make the process more participatory by organising a series
of public compliance workshops. This format has allowed stakeholders to voice
concerns and provide input on specific aspects of the compliance measures
adopted by gatekeepers, in an effort to promote broader engagement and
transparency in the enforcement of the DMA. The most significant contribution
to emerge from the public workshops has been the ability of stakeholders to flag
potential compliance issues linked to the technological solutions proposed by
gatekeepers. These exchanges have highlighted not only possible gatekeepers’
shortcomings in meeting DMA requirements, but also the complex ripple effects
such solutions may have across various categories of actors within the ecosystem.
Moreover, participants have drawn attention to the intricate interactions between
DMA obligations and other regulatory frameworks, notably data protection and
security" - From here.
Google’s bringing Gemini to your car with Android Auto
TechCrunch, here.
I was wondering whether the Bundeskartellamt proceeding covers Gemini for Android Auto at all. ("In Commitment 1 (“Interoperability with GAS”), Google undertakes to create and provide
the technical conditions to enable the Google Maps, Google Play and Google Assistant
services contained in GAS, collectively referred to as the “GAS Software Components”29,
to interoperate with voice assistants, map services and app stores of third-party suppliers
in IVI Systems in an equivalent way and to an equivalent extent as the GAS software
components interoperate with each other and that they are thus fully interoperable with
services of other suppliers. Google will make the necessary APIs, terms of service for the
use of the APIs and the documentation required for the implementation available to vehicle
manufacturers and their suppliers"
Republicans Aim To Enshrine Rental Price-Fixing
The Lever, here.
Good luck explaining this to Europeans.
Tuesday, May 13, 2025
A conservative vision for antitrust
Podcast here.
[Skip the first part about conservative v. khanservative, waste of time]
Me bubbling along on Bluesky while listening to it.
Monday, May 12, 2025
Lessons from the past: market power and democracy
M. Snoep, here.
I agree with the article on almost every point, but I find the argument that market power can exist and be maintained without anti-competitive practices rather unconvincing, especially when applied to the DMA. In reality, such a notion is more of a legal fiction: either anti-competitive behaviour goes undetected, or – more troublingly – antitrust laws are not enforced, often due to a reluctance to act or the perception that enforcement is largely ineffective.
Unpacking “America First Antitrust” for Europeans
C. Caffarra, here.
[My take would be a bit different, of course]
Saturday, May 10, 2025
Friday, May 09, 2025
Pope Bob the Builder of a Better Digital Future? Law and math degrees
He also said that we are in the midst of a new revolution: during the time of Leo XIII, the Industrial Revolution was underway, while now the Digital Revolution is taking place." here
Corporate influence in competition policymaking
OECD, here.
What to do also about corporate influence in international organizations and networks active in competition policysteering? How does this fit within the very helpful Table 1?
["Story two — an academic associated with an institute funded by several large technology firms signed an amicus brief opposing a country’s enforcement action. Later, without disclosing that fact, they gave a purportedly expert presentation at the OECD attacking that same enforcement action and advocating the OECD take a position favoring the institute’s funders" - J. Kanter, here]
When I was still attending ICN conferences as a NGA, I was also personally struck by the army of corporate NGAs present. I wonder if this has changed since.
Thursday, May 08, 2025
Review of the Merger Guidelines
EC, here.
I briefly read the Innovation related one and found it isn't exactly a page-turner. But I'll read it again.
Wednesday, May 07, 2025
Fireside Chat Google Remedy
VSA framework on my mind - I received some great comments, working on a second version...
They have set on a name: America First Antitrust
Can you be from Africa, Asia, or Europe, and be in favour of "America First Antitrust" - like there have always been those adhering to the Chicago, Post-Chicago School? Even Ordoliberalists, Neo-Schumpeterians, New Brandeisians could be from almost everywhere on the planet. This choice of conceptual isolationalism by the US antitrust enforcers is, well, unprecedented.
When on stage herself at the ICN, Gail Slater managed to make America First Antitrust more palatable to an international audience, also with some help from SC (first principles! Draghi Report! 2 of the 4Ps! You can apply it also to the ICN!).
Tuesday, May 06, 2025
ICN 25 Edinburgh
 | |||
| [Friendly enforcers in sunny Edinburgh] |
Agenda, here. Livestream here.
[Disclosure: I'm a low key ICN NGA for the Italian Competition Authority]
Some running comments:
COFECE taking centre stage is interesting, and perhaps a subtle warning, given that the government has largely dismantled it.
The EU and everybody else taking cues from South Africa in revising its merger guidelines (broader policy goals)?
Nobody talks about cartel enforcement any more, says Andreas Mundt. Nor of vertical restraints, if I can add. I'd resuscitate the whole area for more growth and innovation (a whole PhD on the latter).
Enforcement of the German "New Competition Tool" - strategic decision in many ways, also rescuing it ;-).
Looking at something else than competition? Mundt very sceptical...
The EU perspective, beyond Draghi:
- Not much.
Coffee Break
ACCC: my Q, where is the Final Report? Update: we heard "soon"
The importance of continous monitoring...
#DMAlove
The future...
We've being saying it for ages, of course.
Japan: Guidelines not public yet, in case you were asking.
Google first case: broad cease and desist order. How is it going, BTW?
Google second case: restriction of search tech (commitment)
Ongoing: Amazon Marketplace
GenAI Market Study
India:
AI market study
Digital Competition Bill: stakeholder comments currently analysed (heard from a contact it isn't going very well though)
Meta case: express consent case (sounds also familiar - see also Nigeria) - cease and desist order; data protection there not yet enforced; competition policy perspective.
Two Google orders
Cases beyond GAFAM
- Quick commerce: misusing access to data - predatory pricing (AI)?
France:
Challenge, keeping up with AI. Is there still a race for size, etc.? Google: publishers rights, their data trained for AI. Conversion between search and AI agents?
Dense forest of regulation, to be navigated also by CAs. Any red tape?
Interaction between competition and data protection: Apple ATT (data protection "design" can be anticompetitive). Cooperation "promoted" by EU judges.
OECD advertisement.
US Keynote (FTC):
Adam Smith, yes I was waiting for it!
Global Competition Initiative, yep. Wondering right now if due to EU's low key there is a space to fill...
Dynamic and pro-workers economy
Short party speech - that wouldn't normally fly that well here... (Sherman was a Republican Senator; Big Tech's censorship...). Quite significant right after Andreas Mundt's comments firmly against the politicization of antitrust.
Draghi's red tape credo supported, "regulatory capture is very real"
Not a fan of the DMA: rigid criteria for designation; lacks finesse, lacks tailoring of remedies, excalating fines, extraterritorial effects.
Just yesterday, Tim Sweeney was saying how US enforcers could now possibly criticise the EU for what it’s doing with the DMA when their own judges are siding with it – well, we’ve seen how [I guess the FTC Chair couldn't resist the temptation of emulating JD Vance in Munich].
GenAI: AI regulation isn't good, risk based yeah...
Final part of his speech is a vey good example of "innovation rhetoric" - I guess his Colleague Meador would have been more nuanced and useful.
---------
Entrenchement theories of harm in merger control: Nothing that you as WavesBlog Reader don't know already.
Google/FitBit, Google/DoubleClick/; Booking/eTraveli - strengthening core position of power, you name it.
"Clear limiting principles"
- relevance of the assets for the core market;
- qualitative effects, dynamic effects;
- protecting the little competition there is left.
--------------
Unilateral Conduct Plenary
Perhaps slides would be helpful – the intro remarks listing cases are almost impossible to follow (I'm a sinner too, my Students complain).
Sweden wishes for 102 Draft Guidelines- very well advanced, says Prof. Fox.
Now, Prof. Fox stirring up things asking the right question: Is your jurisdiction's unilateral conduct law fit for the purpose in digital? I voted no, of course. Sweden mentioning also the possibility of a NCT at the EU level and in Sweden.
Japan: introduced ex-ante regulation to identify very specific market problems.
Spain: yes if applied flexibly and in a speedy manner.
Mentioning Android Auto as an example of a Court taking into consideration incentives to innovate: Hallelujah.
[I wonder whether this Conference format shouldn't be changed a bit, 23 y. after Naples - but I'm sure the ones watching online miss all the interesting bits].
_--------
DAY TWO
Cartel
Nice to hear from Chile - the star of competition authorities in South America, I heard. The Casino Operators case is worth a movie! Already on my syllabus.
Interesting approch by NZ: spotting industries prone to cartels and establishing "relationships".
Spotted TikTok videos by CAs? Handy for teaching too...Leniency applicants saw seem to watch them too.
UK Cartelist? Banned from public procurement for 5 y. unless you apply for leniency. Adam Smith would be impressed!
Chile: algorithmic collusion? No too much (enforcer's) of a problem.
Teresa Ribera
I've seen many competition commissioners already: she's an impressive quick learner...
Merger guidelines, get your submissions ready!
"Culture of compliance" in digital, still a bit of work to do ("adaptation").
Replying to the FTC Chair: you go after gatekeepers your way (ex post) we do it our way (ex post, ex ante). But happy to cooperate! "Mutual respect."
Short and sweet...
Talking about food, an NGA from COMESA kicking it off magnificently
Not able to follow it live, sadly.
Listening to it on the go. Much impressed by ACCC intervention to allow for ALDI's and other discounters market entry.
"Nachfragemacht" of retailers is an evergreen topic, I think the EU tried it all (regulation, mostly). ACCC mentioned APIs for price comparisons. Un-conflicted AI-agents? Not living in the desert, I know exactly where the vegetables I eat come from. Small farmers deserve admiration and protection. Great project.
Do competition authorities need more tools?
Nigeria deserves a shoutout, indeed. I think the ICN should be vocal in supporting members when attacked by Big Something. I hope next Steer will be a bit more muscular ans proactive in this respect (modest suggestion as a distant NGA).
Hong Kong Fish Market dawn raid: 180 people! Also worth a movie.
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DAY THREE
While waiting for it to start, what can we reasonably expect from this interview with Gail Slater? From their perspective, enforcement is what matters - apparently. Will she mention ex-ante as complementary to ex-post, to an extent? Rather unlikely but happy to be wrong. Perhaps a kind word on international cooperation? How will she translate her America First Antitrust for an international audience?
Trial team, DOJ Google Search: 30 witnesses for the DOJ, 6 months of discovery, 40 depositions for 40 days.
Stimulate economic growth, innovation. At the macro level, energy, fiscal policy, taxation, deregulation. (Anticompetitive regulation in the marketplace).
Trump merger review: very popular mandate - America first. Speeding up merger process (39 early terminations since March); open to settlements (Kanter wasn't).
Trump digital cases: focus on Big Tech; Google cases, not partisan; Google Search DOJ Team: sounds happy; unfreezing the search market by scale and data. Adtech: remarkable judge. Two remedy cases at some point might converge - against size and data, but also behavioural measures. The whole world is watching, Sarah says.
America First Antitrust:
- first principles standpoint
-- tyranny.gov and .com (roots of the country)
-- textualism, precedent, but also modern economics (?)
-- anticompetitive regulation.
Foundational principles of the ICN...
International cooperation: get in touch, you can even call me mum, younger Delegates!
Off now 👋
𝗔𝗻𝘁𝗶𝘁𝗿𝘂𝘀𝘁 𝗶𝗻 𝘁𝗵𝗲 𝗗𝗲𝗰𝗲𝗻𝘁𝗿𝗮𝗹𝗶𝘇𝗲𝗱 𝗘𝗰𝗼𝗻𝗼𝗺𝘆
Looking forward to reading it!
Many years ago, when Rob Nicholls stayed at my university for a few months, we published "Decentralised Digital Ecosystems and Competition Law: A Conceptual Framework" - fascinating topic...
Google AdTech Case: Remedies Proposed by the DOJ
Here.
Goggle's proposal here.
2021 EU case still "progressing"?
April 2025 US ruling
Wait, Google lies?
Antitrust enforcement should protect the conditions that allow innovation to thrive (and much more)
M. Meador, here.
[Pretty aligned with what we wrote, actually - but devil in the details, of course; also at the heart of the VSA framework I proposed].
Monday, May 05, 2025
Naming the current US Antitrust Moment/Movement? New Jerichans? 😉
At the start of what is now known as the Biden antitrust era, its leading voices called themselves New Brandeisians. I analysed their manifesto, enforcement practice followed. Their legacy is now beginning to be assessed.
Today, under Trump II, a different approach is taking shape. It is certainly conservative, but not libertarian. Methodologically cautious, rhetorically nationalist and populist, ambitious—but we don’t yet know how much it'll be transactional (aka KMA antitrust).
Is it time to give it a name? The Ultimate/True/Neo/Etc. Conservatives?
Update: Perhaps we need a more religious name. As ""Peter Thiel is now running Bible study groups in Silicon Valley. He said in a few interviews recently that he believes that the Antichrist is Greta Thunberg," it's perhaps significant that the FTC Chair recently argued out of the blue that "The FTC should not take orders from Greta Thunberg."
UPDATE They have set on a name: America First Antitrust
ACCC Digital platform services inquiry 2020-25 final report
Any news? It [was] due to be provided to the Australian Government by 31 March 2025. Soon, post-elections?
Again: The EC was there first
Back in the day, this would’ve been a badge of honour. Not now, mind you — we daren’t draw too much attention. Still, with the DOJ (here) and FTC (here) presently banging on about a strong antitrust agenda, those worries could soon be yesterday’s news.
BTW, if the goal is adaptation (gatekeeper compliance is one aspect of it), broadcasting the results of enforcement to the market is essential.
Sunday, May 04, 2025
Stand with Nigeria!
Meta threatens to pull out as the country dares to enforce its antitrust and data protection laws.
Friday, May 02, 2025
Antitrust Policy for the Conservative
M. Meador, here..
Very good read!
Quick take and help to my fading memory - from here. I particularly liked to read his thoughts on innovation (more from recent work here and here)
Antitrust Policy for the Conservative 🤔 www.ftc.gov/system/files...
"values is a deep aversion to concentrated power and its potential for the corruption of justice and encouragement of vice" yes, you read correctly, vice - like willful non compliance of court orders?
But to brand the New Brandeisians as mere structuralists is, well, misguided.
"In our time, the idea that antitrust law is essential to preserving democracy predominantly is associated with the left and the progressive movement...the fact is that such a concern has a long pedigree on the right as well"
"...interpreting and applying the antitrust laws ...with an understanding of consumer welfare that actually focuses on consumers and an approach to legal and factual antitrust analyses that prioritizes avoiding false negatives over false positives"
"Preventing monopolies and concentrated corporate power, protecting small businesses, and shielding democracy from the influence of big business are all valid and conservative goals"
Even worse, "Bork's version of consumer welfare...implicitly requires deference to economists in how we decide legal questions"
"Conservatives should...advocate for legal and factual antitrust analyses that are less deferential to claimed efficiencies and defenses of mergers and anticompetitive conduct" in the EU, we're about to do exactly the contrary, in the name of "progress" - not joking.
"The right has too often fetishized economic analysis, as if economic experts in ivory towers can better manage the economy than economic experts in regulatory agencies" but are the latter still economists, just less theoretically inclined?
May 2, 2025 at 5:07 PM
Economics "is not a scientific tool; it is a tool of educated guesswork, one that depends upon various assumptions and caveats, all of which can and often is rendered moot by marketplace realities and “facts on the ground"" - if it's about ditching abstruse IO models, couldn't agree more 😊 of course
BIG BUT, fn 105 "Making antitrust law subservient to “the economics” is no different than making your COVID-19 policy subservient to “the science.” The pandemic gave us the painful reminder that rule by expert is arbitrary, capricious, and often erroneous" rather, no IO fetishism - look beyond it
"Soviet housing projects were “efficient.” But the conservative pursues beauty, excellence, and virtue, not mere efficiency" 😂
"The idea that we should tolerate greater market power within markets because it fosters greater innovation to disrupt that market gets things entirely backwards"
His economic take on innovation (yes he does, forget IO) is ☑️ : "Far from the “perennial gale of creative destruction,” this looks more like the “perennial lull” that Schumpeter warned against"
"Monopoly power in the legacy market can empower a firm to control the quantity and quality of innovation in emerging markets"
"an undue preoccupation with innovation—such as innovation at any cost, or so-called “permissionless innovation”—is a progressive impulse, not a conservative one" no, it's just nonsense.
"Antitrust law is not a panacea, but it is incredibly important. It is the only comprehensive area of law that governs how we structure our economy and protects the free market, and it concerns the greatest loci of power in our country outside the federal government"
"Further discussion and experience will undoubtedly lead to others, and it is my hope that a new generation of scholars, practitioners, and leaders will be inspired to take up the challenge"
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Don't look for it in Rome... Nearly two months on, the Commission’s DMA non-compliance decision against Meta was finally published... -
And two seconds later she did block me 😇- nothing personal, ofc. Just belonging myself to one of those DMA groupies as annoying as mosqu... -
P. Samuelson, here.
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D. Baldacci, here.
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Orf.at, hier (Max Schrems ab 9:34).
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Podcast, here.
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T. Höppner, here.
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Not the usual Competition Commissioner's statement. Whole-of-Commission Approach? EC, here . [Dutch company buying an US company, mind...