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How Excessive Pricing Jurisprudence Could Help the EU Commission Take a Big Bite Out Of Apple’s Commission Fee Journal Artikel

Dermot Cahill, Jing Wang

European Competition and Regulatory Law Review, Jahrgang 8 (2024), Ausgabe 2, Seite 92 - 100

This article considers the European Commission’s approach to tackling various Apple anti-competitive strategies. It considers why the European Commission has not applied excessive pricing abuse of dominance jurisprudence to challenge Apple’s high commission fees charged to app developers, instead preferring to use a variety of other approaches to restore competition to certain parts of Apple’s closed ecosystem. Keywords: excessive pricing; abuse of dominance; Gatekeeper; Digital Markets Act; Apple

Regulating Digital Gatekeepers – the Digital Markets Act Journal Artikel

Fatma Ceren Morbel

European Competition and Regulatory Law Review, Jahrgang 7 (2023), Ausgabe 4, Seite 206 - 215

As digitalisation has increased and data has become more powerful, more comprehensive digital regulation has become necessary, including by national competition authorities and the European Commission. The Digital Markets Act (the DMA) is a good example of this area of regulation.1 In November 2022, the DMA came into force, introducing new regulations for core platform services which functioned as ‘gatekeepers’ in the digital market. By enacting the DMA, these platforms are prevented from treating businesses and consumers unfairly. The purpose of this paper is to provide a general overview of the DMA and its relationship to antitrust enforcement. Keywords: digital markets; digital economy; Digital Markets Act; competition law; antitrust

Effective Competition in Digital Platform Markets: Journal Artikel

Legislative and Enforcement Trends in the EU and the US

Joseph Antel, Ciara Barbu-O’Connor, John Carroll, Katie Daw, Robert Klotz

European Competition and Regulatory Law Review, Jahrgang 6 (2022), Ausgabe 1, Seite 35 - 55

Efforts to tackle the increasing market power of data driven platforms are taking a new turn. So far, the European Union has been more aggressive and creative than the United States, notably with severe antitrust enforcement action. However, there is a perceived enforcement gap in platform markets, due to increased concentration, rising profit margins, declining market entry and low investment compared to profits, according to many. With the European Commission proposing the Digital Markets Act and the US ramping up on a number of fronts with an intensified interest in Big Tech and a political climate favourable to an emerging legislative consensus for targeted antitrust law reforms in this field, we are on the verge of new rules to bridge this gap more effectively. This article sheds light on the current developments in the EU and the US, as a basis for the juxtaposition of both approaches and attempt to draw conclusions for future debate. Keywords: digital platforms, antitrust enforcement, upfront regulation, Digital Markets Act, gatekeepers, global convergence and cooperation

A New Era for European Merger Control: Journal Artikel

An Increasingly Fragmented and Uncertain Regulatory Landscape

Salomé Cisnal de Ugarte, Mélanie Perez, Ivan Pico

European Competition and Regulatory Law Review, Jahrgang 6 (2022), Ausgabe 1, Seite 17 - 23

The third decade of the 21st century promises to look very different for European merger control. After several very successful acquisitions by Big Tech companies, competition law enforcers are increasingly concerned that their merger control regimes might not capture transactions that may have anticompetitive effects in the long run. As a consequence, European regulators are taking various initiatives which make the merger control landscape increasingly fragmented and complex, ranging from the introduction of value-based jurisdictional thresholds and a new referral policy that can catch mergers post-closing, to ground breaking regulatory initiatives in the digital sphere, changes relating to the substantive assessment of mergers in dynamic markets and foreign direct investment and subsidies screenings. This results in decreasing legal certainty for companies engaging in cross-border M&A and increased transaction costs. Keywords: merger control, Digital Markets Act, referrals, Article 22 EUMR, foreign subsidies, dynamic competition