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Lazar Radic on the EU’s Apple Fine

Presentations & Interviews ICLE Senior Scholar Lazar Radic joined the Euractiv Tech Brief podcast to discuss the European Commission’s €1.8 billion fine against Apple for alleged abuse of . . .

ICLE Senior Scholar Lazar Radic joined the Euractiv Tech Brief podcast to discuss the European Commission’s €1.8 billion fine against Apple for alleged abuse of dominant position in the music-streaming market. Audio of the full episode is embedded below.

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Antitrust & Consumer Protection

A Closer Look at Spotify’s Claims About Apple’s App-Store Practices

TOTM Following Monday’s announcement by the European Commission that it was handing down a €1.8 billion fine against Apple, Spotify—the Swedish music-streaming service that a decade ago lodged . . .

Following Monday’s announcement by the European Commission that it was handing down a €1.8 billion fine against Apple, Spotify—the Swedish music-streaming service that a decade ago lodged the initial private complaint that spawned the Commission’s investigation—published a short explainer on its website titled “Fast Five Facts: Facts that Show Apple Doesn’t Play Fair.” The gist of the company’s argument is that Apple engages in a series of unfair and anticompetitive practices. In this piece, we put some of these claims to the test.

Read the full piece here.

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Antitrust & Consumer Protection

The DMA’s Missing Presumption of Innocence

TOTM The EU’s Digital Markets Act (DMA) will come into effect March 7, forcing a handful of digital platforms to change their market conduct in some . . .

The EU’s Digital Markets Act (DMA) will come into effect March 7, forcing a handful of digital platforms to change their market conduct in some unprecedented ways. The law effectively judges them guilty (with a very limited, formalistic trial), and brands them “gatekeepers” based purely on size. It then sentences them to far-reaching, one-size-fits-all antitrust-style remedies in pursuit of the stated objectives of “fairness” and “contestability.” We’ll soon begin to see what that looks like in practice, and whether innocent conduct will be caught in the crossfire.

Read the full piece here.

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Antitrust & Consumer Protection

Apple Fined at the 11th Hour Before the DMA Enters into Force

TOTM Just days before the EU’s Digital Markets Act (DMA) was set to enter into force, the European Commission hit Apple—one of the six designated “gatekeepers” . . .

Just days before the EU’s Digital Markets Act (DMA) was set to enter into force, the European Commission hit Apple—one of the six designated “gatekeepers” to which the new law will apply—with a hefty €1.8 billion fine for the kinds of anti-steering provisions that will be banned by the DMA, which enters into force on 6 March. 

The timing of the fine, and its seemingly arbitrary amount, are both curious. Announced as being the result of a four-year investigation, the decision amounts to an exclusionary-abuse turned exploitative-conduct case, and is underpinned by a flimsy theory of harm in a market that has seen exponential growth over the past decade. The fact that the Commission fined Apple for conduct that would be banned per se just two days later raises questions as to why the DMA was necessary and whether the Commission has faith in the new law’s effectiveness.

Read the full piece here.

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Antitrust & Consumer Protection

Mercados Digitales: Lecciones Desde Europa

Popular Media La implementación de la Ley de Mercados Digitales (LMD) en Europa nos puede dar algunas lecciones regulatorias a los países que, desde este lado del . . .

La implementación de la Ley de Mercados Digitales (LMD) en Europa nos puede dar algunas lecciones regulatorias a los países que, desde este lado del Atlántico, queremos emular al viejo continente (ya hay una iniciativa en Brazil; y la Comunidad Andina y México han indicado su intención de estudiar el tema).

Read the full piece (in Spanish) here.

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Antitrust & Consumer Protection

From Europe, with Love: Lessons in Regulatory Humility Following the DMA Implementation

TOTM The European Union’s implementation of the Digital Markets Act (DMA), whose stated goal is to bring more “fairness” and “contestability” to digital markets, could offer some important . . .

The European Union’s implementation of the Digital Markets Act (DMA), whose stated goal is to bring more “fairness” and “contestability” to digital markets, could offer some important regulatory lessons to those countries around the world that have been rushing to emulate the Old Continent.

Read the full piece here.

 

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Antitrust & Consumer Protection

DMA: Setting the Goalposts

TOTM In a little less than a month, the European Union’s Digital Markets Act (DMA) will start to bite, but how will it taste? By March 7, companies . . .

In a little less than a month, the European Union’s Digital Markets Act (DMA) will start to bite, but how will it taste?

By March 7, companies that were designated as “gatekeepers” in September 2023 will be required to meet the obligations of Articles 5, 6, and 7 of the DMA Regulation. With the exception of ByteDance Ltd., the Chinese owners of TikTok, all of the designated companies have, by now, presented compliance proposals. The DMA’s expected beneficiaries (and, arguably, the loudest in favor of its passage) have been disappointed by some of these proposals, and seek more. But should the European Commission grant them what they are asking for?

Read the full piece here.

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Antitrust & Consumer Protection

A European Commission Challenge to iRobot’s Acquisition Is Unjustified and Would Harm Dynamic Competition

TOTM Once again, a major competition agency, the European Commission, appears poised to take an anticompetitive enforcement action—in this case, blocking Amazon’s acquisition of consumer robotic-manufacturer . . .

Once again, a major competition agency, the European Commission, appears poised to take an anticompetitive enforcement action—in this case, blocking Amazon’s acquisition of consumer robotic-manufacturer iRobot.

Read the full piece here.

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Antitrust & Consumer Protection

The View from Turkey: A TOTM Q&A with Kerem Cem Sanli

TOTM How did you come to be interested in the regulation of digital markets? I am a full-time professor in competition law at Bilgi University in . . .

How did you come to be interested in the regulation of digital markets?

I am a full-time professor in competition law at Bilgi University in Istanbul. I first became interested in the application of competition law in digital markets when a PhD student of mine, Cihan Dogan, wrote his PhD thesis on the topic in 2020. We later co-authored a book together (“Regulation of Digital Platforms in Turkish Law”). Ever since, I have been following these increasingly prominent issues closely.

Read the full piece here.

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Antitrust & Consumer Protection