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The Chinese Anti-Monopoly Commission of the State Council publishes anti-monopoly guidelines on platform economyYour search returned 271 results Privacy
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On 10 November 2020, the State Administration for Market Regulation (“SAMR”), China’s competition authority, released the Anti-Monopoly Guidelines on the Platform Economy (Draft for Public Opinions Solicitation) (the “Draft”). Around three months later, on 7 February 2021, the Anti-Monopoly (...)
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Digital regulation: Have competition policy tools failed?The regulation of the digital economy cannot rely solely on the tools of competition law or compliance law. A new mode of regulation that is more anticipatory than punitive is necessary and is accompanied by the return of a pro-active State on the markets. As soon as a legal field appears, (...) -
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Can data exploitation be properly addressed by competition law? A note of cautionIn this brief piece of caution, we argue that competition law is not well-suited for dealing with exploitative data practices. As consumers usually act as if they did not value their privacy, legal remedies that neglect what social scientists call “the privacy paradox” are unlikely to improve the (...) -
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Start-ups, European champions and unicorns for a digital sovereignty: What role for competition policy? (New Frontiers of Antitrust, 3 Nov. 2020)Contents: Reining in digital unicorns: Is Europe setting the rules for the world?, Dr Katarzyna Czapracka, Partner, White & Case, Brussels and Warsaw A few thoughts on privacy and competition, Martin d’Halluin, Senior Vice President, Global Competition Law & Policy Counsel, News Corp, (...) -
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The Indian Competition Authority publishes the key findings of its market study on the telecom sectorTring Tring! CCI calls in the market study on Indian telecom sector* On 22 January 2021, the Competition Commission of India (CCI) published its market study on the Indian telecom sector (Market Study). Initiated by the CCI in January 2020 as part of its advocacy measures, the Market Study (...) -
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2nd Cartels Workshop #2 Procedural issues2nd Webinar of the « 2nd Cartels Workshop » organised by Concurrences, in partnership with Herbert Smith Freehills and FTI Consulting, with Ashley Brickles (Senior Managing Director, FTI Consulting), Aymeric de Moncuit (Référendaire, CJEU), Karima El Sammaa (Senior Antitrust Counsel, General (...) -
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The UK Competition Authority opens an investigation into big tech company’s ‘Privacy Sandbox’ browser changes (Google)CMA to investigate Google’s ‘Privacy Sandbox’ browser changes* The CMA has opened an investigation into Google’s proposals to remove third party cookies and other functionalities from its Chrome browser. The investigation will assess whether the proposals could cause advertising spend to become (...) -
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The EU Commission clears acquisition of healthcare manufacturer by a big tech company, subject to conditions (Fitbit / Google)Mergers: Commission clears acquisition of Fitbit by Google, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Fitbit by Google. The approval is conditional on full compliance with a commitments package offered by Google. Executive (...) -
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The EU Commission clears subject to conditions the acquisition of a healthcare devices manufacturer by a US tech giant (Fitbit / Google)On 17 December 2020, following a Phase II investigation, the Commission approved Google’s acquisition of Fitbit subject to commitments. Fitbit is an American company that develops and sells wearable fitness devices such as smartwatches and fitness trackers, as well as related software and (...) -
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The EU Commission publishes proposed rules for the regulation of digital services by imposing a series of ex-ante behavioral obligations on entities that are considered as ‘gatekeepers’The European Commission has today published the long awaited Digital Markets Act proposal. The Proposed Regulation imposes a series of ex ante behavioural obligations on entities that the Commission designates as ‘gatekeepers’. The obligations for those designated platforms and the potential (...) -
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The EU Commission announces a package of digital markets legislation intended to better regulate major online platforms and to protect consumers and businessesOn 15th December, the European Commission announced a package of digital markets legislation intended to give the Commission the power to better regulate major online platforms and to protect European consumers and businessess for effectively: the Digital Services Act and the Digital Markets (...) -
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The EU Commission proposes legislation to overhaul regulation of digital platforms in the EUOn 15 December the European Commission announced far-reaching proposals for regulation of the digital sector in the form of a Digital Services Act (DSA) and a Digital Markets Act (DMA). In summary the DSA contains new rules including on illegal content and transparency. It applies to all (...) -
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The EU Commission proposes regulation on a single market for digital servicesOn 15 December 2020, the European Commission (the “Commission”) presented a legislative package consisting of a proposed Regulation on a Single Market for Digital Services (“Digital Services Act” or “DSA”), which creates new rules applicable to providers of online intermediary services, as well as a (...) -
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The EU Commission publishes the digital services act intended to modernize the legal framework for digital services in the European UnionThe European Commission (Commission) published the first draft of the Digital Services Act (DSA) and the Digital Markets Act (DMA) on December 15 2020. Morgan Lewis previously reported on the anticipated DSA. The DSA and DMA are intended to modernize the legal framework for digital services in (...) -
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The EU Commission unveils sweeping proposals to regulate the digital sectorIn Short The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC’s regulatory oversight of online platform companies (previewed in our (...) -
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The EU Commission publishes new obligations and sanctions for digital gatekeepersThe debate about competition issues and unfair practices specific to online platforms and the appropriate tools to tackle them was taken a step further by the European Commission (‘Commission’), which presented two legislative proposals on 15 December 2020: The Digital Services Act (‘DSA’) and (...) -
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The EU Commission issues the proposed digital markets act aimed to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as “gatekeepers” should abide byThe European Commission Digital Markets Act: A translation* The European Commission has finally issued the proposed Digital Markets Act, its bid to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as (...) -
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The EU Commission publishes a draft regulation aiming the imposition of ex-ante obligations on providers of certain pre-defined core platform services that qualify as gatekeepers1. Introduction The draft Regulation of the European Parliament and of the Council on Contestable and Fair Markets in the Digital Sector (Digital Markets Act) (“DMA Proposal”) was announced by the European Commission (“Commission”) on December 15, 2020. The DMA Proposal envisages the imposition of (...) -
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The EU Commission publishes proposals imposing obligations on providers of digital services and augmenting enforcement powersYesterday, the European Commission published its proposals for the Digital Markets Act (“DMA Proposal”) and Digital Services Act (“DSA Proposal”), proposing new regulation of “intermediary services” and “designated gatekeepers”. The proposals would impose new obligations on providers of digital (...) -
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The Dutch Competition Authority publishes its position paper on the supervision of algorithmic applicationsOn 10 December 2020, the Dutch Authority for Consumers & Markets ("ACM") published its position paper on the supervision of algorithmic applications (Position Paper on Supervision of Algorithms). On the same day ACM also announced the launch of a pilot investigation in which ACM will map (...) -
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Personal data: The French Administrative Supreme Court upholds the decision of the French National Commission on Informatics and Liberty to impose the explicit consent of the non-member customers of online sale websites for the conservation of their credit card numbers to facilitate future purchases (Cdiscount)Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ["DPMR"] provides that processing is in principle lawful only if the data (...) -
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The US State of New York Attorney General (AG) leads a bipartisan lawsuit by 46 State AGs, District of Columbia AG, and Territory of Guam AG seeking to end the dominant social network company’s allegedly illegal monopoly, including predatory acquisitions and reduction of privacy protections for consumers (US State AGs / Facebook)Attorney General James Leads Multistate Lawsuit Seeking to End Facebook’s Illegal Monopoly* AG James Leads Bipartisan Coalition of 48 Attorneys General Charging Anticompetitive Conduct Facebook Thwarted Competition, Reduced Consumer Privacy for Profits New York Attorney General Letitia James (...) -
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The UK Competition Authority, along with other national competition authorities, secures privacy changes to tech company’s mobile app store (Apple App Store)CMA and global partners secure privacy changes to the App Store* Following international intervention, Apple will shortly indicate on its App Store what personal data each app uses, empowering consumer choice. The UK’s Competition and Markets Authority (CMA), along with the Netherlands (...) -
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The Dutch Competition Authority calls big tech company to inform consumers about the data use of apps (Apple)Apple informs consumers about the data use of apps following call from regulators worldwide* Apple will indicate in its App Store what personal data each app uses. Starting today, app providers are required to include such information on their products’ pages in app stores. This information (...) -
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EU Competition Law and the Charter of Fundamental Rights: An overview of EU and national case lawFundamental rights are an integral element of the rule of the law, and any system which purports to respect the rule of law must be seen to respect the fundamental rights of the individuals subject to it. At this particular moment, with the COVID-19 pandemic, fundamental rights are an issue of (...) -
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The UK Government announces a new competition regime for tech giants with more data control for consumers, more online promotion opportunities for small businesses, more balance for publishers, and a new Digital Markets Unit to oversee it allNew competition regime for tech giants to give consumers more choice and control over their data, and ensure businesses are fairly treated* A dedicated Digital Markets Unit will be set up to introduce and enforce a new code to govern the behaviour of platforms that currently dominate the (...) -
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The UK Government announces the establishment of a digital markets unit within the CMA to regulate tech companies from April 2021On 27 November 2020, the UK Department for Business, Energy & Industrial Strategy and the Department for Digital, Culture, Media & Sport announced the creation of a Digital Markets Unit within the Competition and Markets Authority (“CMA”) which, from April 2021, will introduce and enforce (...) -
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Women & Antitrust - Voices from the Field, Vol. II MAUREEN OHLHAUSEN, Baker Botts and CATRIONA HATTON, Baker Botts335 Maureen Ohlhausen Baker Botts Catriona Hatton Maureen Ohlhausen chairs the antitrust group at Baker Botts LLP, where she focuses on competition, privacy and regulatory issues and frequently represents clients in the tech, life sciences, energy and retail industries. She served as acting FTC (...) -
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Women & Antitrust - Voices from the Field, Vol. II Part II: In-House Counsel & ConsultantsSARAH BIONTINO, Biontino Europe and LEONOR CORDOVIL, Grinberg Cordovil Advogados203 Part II In-House Counsel & Consultants 205 Sarah Biontino Biontino Europe Leonor Cordovil Sarah Biontino is a French-qualified lawyer and worked for over six years in the European Commission's DG Competition, where she was involved in investigating and processing cases. She founded (...) -
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Women & Antitrust - Voices from the Field, Vol. II GRANIA HOLZWARTH, Deutsche Telekom and INGRID VANDENBORRE, Skadden, Arps, Slate, Meagher & Flom213 Grania Holzwarth Deutsche Telekom Ingrid Vandenborre Grania Holzwarth is head of EU competition policy at Deutsche Telekom, responsible for EU competition affairs in Brussels, with a focus on ongoing competition cases in the field of telecoms mergers and antitrust cases in the ICT sector, (...) -
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Women & Antitrust - Voices from the Field, Vol. II STÉPHANIE YON-COURTIN, European Parliament and ANGÉLIQUE DE BROUSSE, Johnson & Johnson177 Stéphanie Yon- Courtin European Parliament Angélique de Brousse Stéphanie Yon-Courtin became a lawyer at the Paris Bar in 2004, specialising in competition law, and worked in international law firms. She then joined the office of the president of the French Competition Authority (Bruno (...) -
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Women & Antitrust - Voices from the Field, Vol. II MICHAL HALPERIN, Israel Competition Authority and TAL EYAL-BOGER, Fischer Behar Chen Well Orion & Co53 Michal Halperin Israel Competition Authority Tal Eyal-Boger Michal Halperin is director general of the Israel Competition Authority (ICA). For the past 28 years Ms Halperin has been practicing law, specialising in antitrust law. On March 2016, she was appointed director general of the ICA. (...) -
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The German Competition Authority launches sector inquiry into messenger servicesBundeskartellamt launches sector inquiry into messenger services* The Bundeskartellamt has launched a sector inquiry into messenger services under consumer protection law. Andreas Mundt, President of the Bundeskartellamt: “As a communication channel messenger services have become an integral (...) -
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The Chinese SAMR issues antitrust guidelines for the platform economic industry10 Highlights of the Antitrust Guidelines for Platform Economy* On 10 November, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) issued the Antitrust Guidelines for the Platform Economic Industry (draft for comments) (“Platform Guidelines”). [1] The release of (...) -
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Competition Inspections under EU Law - A Practitioner’s Guide IntroductionCompetition Inspections under EU Law – N. Jalabert-Doury1 INTRODUCTION The enforcement of EU Competition Rules notably relies on an EU institut\?fi?ion, the European Commission, which holds powers of investigation, decision a\?fi?nd sanction, under the control of the European Court of Justice (...) -
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Competition Inspections under EU Law - A Practitioner’s Guide II. Compatibility With Fundamental RightsInspections Upon Decision (Regulation 1/2003, Article 20(4)) Competition Inspections under EU Law – N. Jalabert-Doury17 in respect of the undertakings' rights of defence, including the righ\?fi?t to be heard and the right to an effective remedy before a tribunal. A more consistent framework for (...) -
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Competition Inspections under EU Law - A Practitioner’s Guide III. The Decision Ordering InspectionsInspections Upon Decision (Regulation 1/2003, Article 20(4)) 42N. Jalabert-Doury – Competition Inspections under EU Law the effectiveness of the investigation and upholding the rights of defen\?fi?ce of the undertaking concerned. 178 The General Court added that the Commission is neither required (...) -
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Competition Inspections under EU Law - A Practitioner’s Guide VI. The Premises Subject to the InspectionInspections Upon Decision (Regulation 1/2003, Article 20(4)) 100N. Jalabert-Doury – Competition Inspections under EU Law VI. The Premises Subject to the Inspection The first inspection power listed in Regulation 1/2003, article 20(2), is the power “to enter any premises, land and means of transport” (...) -
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Competition Inspections under EU Law - A Practitioner’s Guide VII. The Search, Review and Copy of Relevant InformationInspections Upon Decision (Regulation 1/2003, Article 20(4)) Competition Inspections under EU Law – N. Jalabert-Doury109 VII. The Search, Review and Copy of Relevant Information The search, review and copy of relevant information is the task that absorbs most of the inspection team's resources (...) -
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Competition Inspections under EU Law - A Practitioner’s Guide V. Premises Subject to the InspectionInspections Upon Authorisation (Article 20(3)) 172N. Jalabert-Doury – Competition Inspections under EU Law can be fined, but not an incomplete answer, unless the inspection team\?fi? formally asks the inspected company to rectify in the assigned time limit an incomplete statement provided by a (...) -
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The US FTC settles allegations that a real-time communications platform offering a videoconferencing software has engaged in a series of unfair practices and requires it to enhance its security procedures (Zoom)During the Covid-19 pandemic, Zoom Video Communications, Inc. (Zoom) gained enough popularity to attract the FTC’s attention, including to its security practices. The FTC-Zoom settlement announced on November 9, 2020, which requires Zoom to implement a robust information security program, marked (...) -
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Insights on connected mobility in the automotive sectorVehicle data for commercial use is currently a subject of heated discussion at both the EU and national level. The questions around obtaining and pricing access to such data has led government authorities to consider the introduction of regulating measures. However, the analysis suggests that (...) -
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Publication of antitrust decisions of the European CommissionThis paper deals with the publication by the European Commission of its decisions adopted in the enforcement of the competition rules laid down in Articles 101 and 102 TFEU (antitrust decisions). The paper examines the legal basis of such publication and the interests justifying publication; (...) -
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Privacy and competition law: Is there a room for private enforcement?Despite the hurdles in applying private enforcement in competition policy cases dealing with data-driven markets, we argue that its application can be welfare enhancing under insufficient deterrence from the public authorities. This paper identifies the issues and provides solutions to promote (...) -
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Pierre Régibeau (DG COMP): Chief Economist – Priorities and cases in times of upheavalA conversation with Cristina Caffarra, Head of European Competition, Charles River Associates, London/Brussels. The big “Zeitgeist” discussion when you started off as chief economist was—and continues to be—about antitrust enforcement falling short in its ability to deal with digital platforms in (...) -
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The President of the EU General Court issues two orders for interim measures on personal data gathered in EU antitrust probes against social media platform (Facebook)In the context of ongoing antitrust investigations into Facebook Inc.’s (‘Facebook’) data-related practices (AT.40628) and Facebook marketplace (AT.40684), on 13 March 2020 the European Commission (‘Commission’) issued two formal requests for information (‘RFIs’), requiring the company to produce a (...) -
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The EU General Court’s President suspends RFIs requiring the production of documents containing sensitive personal data until specific virtual data room procedure is set up (Facebook)On 29 October 2020, the President of the General Court (“GC”) issued two orders suspending the operation of requests for information (“RFIs”) issued to Facebook Ireland Ltd (“Facebook”) by the European Commission (“Commission”) concerning documents that are not related to Face- book’s commercial (...) -
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The EU Court of Justice clarifies the extent of whether a document containing sensitive personal information requested as part of an RFI is relevant for an investigation by ordering interim measures in a Court order (Facebook)Just How Far Could We and Should We Stretch the Facebook V Commission Court Order?* The Court order of 29 October 2020 struck by the President of the General Court in a dispute between Facebook and the European Commission is probably the first time in a while where the essence of a case (...) -
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The Australian Competition Authority issues interim report on its first inquiry of digital services platforms which finds a surge in online messaging use during the COVID-19 pandemic as big digital platforms continue to expandSurge in online messaging use as big digital platforms continue to expand* Australians are increasingly turning to online private messaging services to keep in touch with each other, and are overwhelmingly choosing services provided by Facebook and Apple. The ACCC’s first Digital Platform (...) -
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The US DOJ and 11 State AGs start landmark court case against Big Tech firm for exclusionary agreements in search and search advertising markets (Google)Justice Department Sues Monopolist Google For Violating Antitrust Laws* Department Files Complaint Against Google to Restore Competition in Search and Search Advertising Markets Today, the Department of Justice — along with eleven state Attorneys General — filed a civil antitrust lawsuit in the (...)
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