Wednesday, May 21, 2025

Google I/O: kein Wort zu den Auswirkungen von KI auf Websites und SEO

Seo-suedwest.de, hier.

Governing the Digital Society

 Here.

Beyond Draghi and Letta: read the #BertrandReport...in a Post!

Arnaud Bertrand and I both read the same WSJ piece, and while my reactions were partly scribbled down on Bluesky, his are far more expansive, thoughtful, and useful. I’m sharing them below. They also include a nice discussion of how European media helped US Tech companies overcome the chicken-and-egg problem, for free! 

That said, I’ve always found it a touch odd, if I’m honest, that a banker and a politician, both hailing from a city I adore, albeit a glorious ruin, should be the ones, hand-picked by a German doctor, to tell Europe how to become more innovative ;-). 


"I just read this WSJ article on why Europe's tech scene is so much smaller than the US's and China's.
I'm afraid that, like most articles on this topic, it largely misses the mark.
Which in itself illustrates a key reason why Europe is lagging behind: when you fail to understand the root causes of an issue, you have zero chance to solve it.
What makes me competent to speak on this topic?
Back in the late 2000s and early 2010s, I founded and led HouseTrip which at the time was one of Europe's top startups. We were the first historical startup in which all top 3 VC investors in Europe invested.
So I have a pretty intimate knowledge of the European entrepreneurship ecosystem and what it takes to create and grow a tech company in Europe.
We were pretty promising as a startup. In fact as promising as it can possibly get.
We had a similar concept to Airbnb (with some notable differences I won't bore you with), except we created the company 1 year before they did. Which means we were the first-mover - globally - with a multi-billion-euro concept, strong financial backing by the 3 top investors in Europe and, at some point, a team of 250 people with some of the brightest minds in tech in Europe. Everything we needed to succeed.
And yet we didn't succeed: ultimately we were essentially crushed by our American competitor Airbnb in our home turf - Europe - and we had no choice but to sell ourselves to another American company, Tripadvisor.
Believe me, I've reflected long and hard on how that could have happened. In fact after I left the company in 2015 I even spent 3 months in isolation in the Annapurna mountains in Nepal to reflect full time on exactly that 😅
And I then moved to China, where I spent the next 8 years and where I had the chance to study their ecosystem to understand why they're successful and Europe isn't.
So all in all, I think I have some degree of legitimacy to comment on this topic.
The WSJ article says that Europe lags behind due to the usual suspects, the reasons you constantly hear about: too much regulation, fragmented European markets, limited access to financing, a culture that isn't conducive to the startup grind, etc.
Some of those are true, but imho all are secondary.
Take excessive regulations for instance, which gets mentioned all the time. If they were such a hindrance to startups, why would American startups succeed in Europe - like Airbnb in our case - and European startups not? We all face the same regulations 🤷
Or take fragmented markets. Same question: how could US startups successfully conquer these fragmented EU markets when European startups can't?
Because that's the real elephant in the room, and really the story of the European tech scene since the advent of the internet: US startups have shown a remarkable ability to capture European markets despite the supposed barriers, making many of the "usual suspects" explanations for Europe's tech struggles very unconvincing.
In other words, logically, any explanation where both US and European startups face identical barriers fails to address the fundamental difference in outcomes we consistently observe.
Based on my experience, the key problem faced by European startups can be summarized in one word: patriotism. 
There is virtually none in Europe, and more than anything that's what's killing EU startups, or preventing them from developing.
It used to drive me absolutely nuts at HouseTrip. What a startup needs first and foremost, especially a consumer-facing startup like we were, is marketing, to become famous.
At first, when I created the company and before Airbnb was even a thing, I used to pitch the company to the media and the general response I would get was almost one of contempt, as in "why would I belittle myself to write about your startup? And furthermore, who would be stupid enough to stay in an apartment when there are hotels? You guys have no future..."
And then Airbnb got launched and the American media started their thing, hyping the company like it was the greatest innovation since sliced bread, like they were national heroes, giving them hundreds of millions in free publicity.
That's when European media started to take notice. Not of us, god forbid, but of Airbnb. The concept was promoted by Silicon Valley, see... so now it was valid.
So I went back to pitch HouseTrip to European media. This time around I was met with a different kind of contempt: "So you guys are like Airbnb? Why would we cover a European copycat when we can just write about the real American original?" Luckily I'm not violent but lets say those moments really tested my civility 😅
All in all, we arrived in the absolutely grotesque situation where, despite Airbnb not having yet set foot in Europe, they were already a cultural phenomenon there, promoted by European media, for free, when the European original - yours truly - had to spend millions on paid marketing (mostly to Google and Facebook, American companies) to achieve a small fraction of the brand recognition.
Which means that, insanely, Airbnb was probably doing more business in Europe than we did before even opening an office there, simply on the back of the free publicity they were getting. How on earth can you even compete with that?
This dynamic was at play with general European elites too. I remember very clearly having dinner next to a legendary European entrepreneur and investor - who I won't name, a man who supposedly, on paper, is dedicating his life to furthering the European tech ecosystem. We naturally got to talk about HouseTrip and he literally told me, and this is an exact quote: "you know I don't really like copycats, they really hurt the European ecosystem." Another big test for my civility that night...
And even if we had been a copycat, so what? That's how China got started, there's nothing to be ashamed of. You need to learn to walk before you can run.
In fact if you study the history of innovation you'll find that every major tech power, including the US, started by imitating and adapting others' innovations before developing their own.
Speaking of China, again a country that I know in depth for having lived there for 8 years after HouseTrip, I've come to the conclusion that patriotism, a deeply rooted mindset of sovereignty, is truly the magic ingredient behind their success.
Contrary to popular belief, they don't do it in a stupid way by just banning competition. Those cases are actually very rare and only occur if the companies in question violate Chinese law in pretty egregious ways. 
Most of the time it's the exact contrary: they welcome foreign companies and competition, but create conditions where local alternatives can thrive alongside them, giving Chinese users and businesses legitimate options to choose domestic champions.
Which means you end up with, for instance, Apple doing well in China but simultaneously allowing the rise of Huawei or Xiaomi. Or Tesla doing well in China but simultaneously allowing the rise of BYD or Nio. Etc.
And China is, interestingly, more comparable to the EU than most people realize. It is, again contrary to popular belief, extremely decentralized when it comes to doing business, with various provinces competing against each other much the same way EU countries compete against each other. 
But they do it in such a way where, again, the overarching sense of Chinese sovereignty never gets sacrificed at the altar of provincial competition. And where the ultimate goal is to develop Chinese champions which can successfully compete on the global stage.
So there you have it, the dirty little secret behind Europe's lag. We're essentially witnessing a "colonization of the minds" whereby Europe has structurally internalized its technological inferiority, celebrating American startups while dismissing its own homegrown companies.
Why does this barely ever get talked about? Think about it: do you seriously think that the Wall Street Journal would start advocating for, essentially, policies hostile to American tech dominance?"
Much better to focus on the usual red herrings like too much regulation or fragmentation which, conveniently, would primarily result in clearing obstacles for American tech giants to dominate European markets even further, rather than nurturing homegrown competitors. This article is, in itself, an illustration of the "colonization of the minds".


Fortnite returns to the App Store for iPhone and iPad

9To5Mac, here. 

Tuesday, May 20, 2025

Antitrust. innovation, and green economic growth, and how new ways of thinking about economics can help us make better policy.

 K. Ahuja, here.

The Death of the Ad-Supported Web

 Strathechery, here.

Google Links To Itself: 43% Of AI Overviews Point Back To Google

 SearchEngineJournal, here.

Google’s AI Mode rolls out to US, will add support for deeper research, comparison shopping, and more

 


TechCrunch, here

Consequences in terms of antitrust remedies (and the DMA)?

Google Search's AI Mode has dropped

 WSJ, here

Launching in the US only, for now. Perhaps no need to amend my paper after all!

Apple could be in serious trouble over Fortnite rejection

Machiavelli learning a trick or two
  MacWorld, here.

Former PM of Italy Enrico Letta on Europe’s Future

 Capitol Forum, here.

Apple to Open AI Models to Developers, Betting That It Will Spur New Apps

 Bloomberg, here

2nd Annual Antitrust Conference - FTC Commissioner Mark Meador Gives Keynote Address - GWU CIL


Video here. 

2022 Keynote mentioned during the discussion here

Mikaël Hervé: BigTech & Digital Advertising: Analysis of the Latest AdTech Competition Law Cases

 Chez Oles, here

Not clear to me who the current (and past)  clients - and the conflicts of interests - are, TBH.


Towards a Clean Industrial Deal: Can the EU Transform and Compete?

T. Ribera, Video here

EX ANTE INTEROPERABILITY REGULATION FOR COMPETITIVE DIGITAL MARKETS: CONTRASTING THE EUROPEAN UNION, UNITED KINGDOM, AND AUSTRALIAN APPROACHES

 I. Brown, C. Marsden, R. Nicholls, here.

Judge pressures Apple to approve Fortnite or return to court

 TechCrunch, here.

Peers demand more protection from AI for creatives

 BBC, here

Here.

Any competition advocacy, CMA? 

Wish list for the next Merger Guidelines

 All of them, please!

'Targeted' here.

'General' here.
 

While waiting for the publication of Meta non-compliance decision, new research project : "A GDPR-coloured Lens for Merger Control."

Facts about the Brussels Court of Appeal judgement of 14 May 2025

 ICCL, here.

EVP Ribera’s Merger Review Policy Takes Shape

 J. Modrall, here.

Monday, May 19, 2025

The Enforcement Dilemmas in Europe’s Digital Rulebook

 G. de Gregorio, S. Demkova, here

Introduction to the Foundations and Regulation of Generative AI

 AAVV, here.

Mozilla's Amicus Curiae, Unsealed (?)

 Here.

AI: Il Garante sanziona la società che gestisce il chatbot “Replika”

 Qui.

Deepseek, il Garante della privacy ha un piano drastico per bloccarlo del tutto in Italia

 Wired, here.

Damages Actions Against Digital Gatekeepers for Breaches of EU Antitrust Law and the DMA: A German Perspective

 J.-U. Franck, here

Dear DMA Team (just wrote, sent...And the DMA Team wrote back!)

 

 

 

Dear DMA Team,

It has been nearly a month since the non-compliance decisions were announced. May we kindly inquire when they will finally be published? The delay is detrimental to growth, innovation, public opinion and research.

Thank you and kind regards.

 

 

 

 

Very kind response from the DMA Team 💙


Dear Madam,
 
Thank you for your message related to the publication of the Meta Non-Compliance Decision. DG Competition, DG Communications Networks, Content and Technology and Meta are establishing a public version of the decision which does not contain any business secrets or other confidential information. In this regard, we invite you to check the DMA website regularly in order to remain aware of any further developments. The Commission will make a non-confidential version of the document available on its website at the following address in the near future: https://digital-markets-act-cases.ec.europa.eu/cases/DMA.100055.

Kind regards,
The EC DMA team
 
 
 
In the meanwhile, however, I moved to a different research topic.  [Thinking: would it help if you had more resources? Like the Commission already has for the DSA?]

Regulatory dialogues

 


AI and copyright: The training of general-purpose AI

 EP Think Tank, here.

Sunday, May 18, 2025

DMA: Behind the Scenes

 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.

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

Datenschutz-Urteil: Google hat Griff nach Nutzerdaten unzulässig vereinfacht

 Verbraucherzentrale, hier

Urteil hier.

From the archives: Does this mean that Google is currently using your health data to train GenAI, possibly?

 


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].




Europe plots escape hatch from the enshittification of search

 The Register, here.

Microsoft Cuts Off Access to Bing Search Data as It Shifts Focus to Chatbots

Wired, here.

Thursday, May 15, 2025

Wednesday, May 14, 2025

Antitrust Review Episode 42: In conversation with Aviv Nevo

 Podcast here.

House of Lords pushes back against government’s AI plans

 The Guardian, here.

Break Up Alphabet? It May Be the ‘Only Way Forward’ for Google Stock.

 Barron's, here.

EU Commission opens door for ‘targeted changes’ to AI Act

 Politico.eu, here.

Market Tipping

 Danish CA, here.

Le DIGITAL MARKETS ACT pour les nuls ;-)

 P. Bichet, ici.

noyb sends Meta 'cease and desist' letter over AI training. European Class Action as potential next step

 


Noyb, here.

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.

How Google forced publishers to accept AI scraping as price of appearing in search

 PressGazette, 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"

Scaling Innovation: The New Competition Tool could be handy

 



Verbraucherzentrale NRW beantragt einstweilige Verfügung gegen Meta

 Hier.

Republicans Aim To Enshrine Rental Price-Fixing

 The Lever, here

Good luck explaining this to Europeans.

*That* Adtech Virginia Decision

 States, here.

Google, here

Elon Musk’s apparent power play at the Copyright Office completely backfired

 The Verge, here

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.

Meta: Nigeria’s users face a choice of either no rights or no services 

 


A19 et al., here.

(Disclosure: proudly consulted for A19 until Dec 2024 - until great Isa came back!).

Ruling here

Unpacking “America First Antitrust” for Europeans

 C. Caffarra, here.

[My take would be a bit different, of course]

THE RIGHT UNDERSTANDS THAT ALL GOVERNANCE IS DATA GOVERNANCE

 S. Viljoen, here

Chile's FNE v. Google (Android)

 Here

I guess that last week at the ICN this was a topic too. 

Amici to US v.Google (Search) - remedies

 
Amici - Spotting Judah 

Amici briefs, a selection:

AELP, here
Anthropic, here.
Apple, here.
Brave, here.
FTC, here.
NEWS/MEDIA ALLIANCE, here.
Y Combinator, here.

"Scholars", here.


U.S. presses for Google to share data by citing Yahoo Japan deal

 JapanTimes, here.

Certification of Business Practices and Algorithms as a Complementary Approach to Platform Regulation

 D. Lavie et al., here.

THE DEVELOPMENT OF GENERATIVE ARTIFICIAL INTELLIGENCE FROM A COPYRIGHT PERSPECTIVE

 EUIPO, here.

What Abundance Lacks

 I. Weber, here.

Five Takeaways from the Copyright Office’s Controversial New AI Report

 Copyrightlately, here.

Cloudflare CEO: AI is killing the business model of the web

 


SearchEngine Land, here.

Platform Competition after Android Auto

 K. Stylianou, here.

My 2021 piece on the AGCM's decision  here. The original case was a bit richer than the current discussion - but lawyers, you know ;-) 

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


Faire Bedingungen für Digitale Märkte: Die Rolle des Bundeskartellamts

 Data Agenda, hier.

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. 


Farewell to the US Open Banking that never was?

 Bloomberg, here.

Apple emergency motion (Epic v. Apple)

 Here

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. 

Court upholds CMA’s £99m fine on pharma over excessive NHS thyroid drug prices

 CMA, cheers, here.

Wednesday, May 07, 2025

Fireside Chat Google Remedy

 Here

VSA framework on my mind - I received some great comments, working on a second version...

Microsoft wins FTC appeal challenging $69 billion Activision Blizzard deal

 Reuters, here

Here.

Apple Working to Move to AI Search in Browser Amid Google Fallout

 CNBC, here.

Interoperability and Openness Between Different Governance Models: The Dynamics of Mastodon/Threads and Wikipedia/Google

 Aline et al., here.

EP Annual report on Competition Policy - 2024

 Here.

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!). 




"Meta AI" bei Facebook, Instagram und WhatsApp – so widersprechen Sie

 

Verbraucherzentrale, hier.

Florida lawmaker proposes forcing Apple to allow third-party app stores like EU

9T05Mac, here

And Rep. Cammack herself here.


Computing Commons

 Ada Lovelace Institute, here and here.

The art of building moats in the AI age?

 

MLex, here


[Certified critical of the EU Google remedies since at least 2018]