International Competition Network’s scoping paper on “Big Data and Cartels”: Big Data and algorithms as a new “threat” and a new “tool” for cartel enforcement

Earlier this year, we discussed the potential implications of the COVID-19 pandemic on cartels and collaboration between competitors (see our e-bulletins here and here). Regulators have been open to allowing certain types of cooperation between competitors to address the impact of the crisis.  They have nonetheless been careful to stress that this is not general … Read more

The European Green Deal and its implications for regulation, State aid and competition policy: Do the rules need to change?

This blog post is an adapted version of a briefing paper prepared with the economics consultancy, Oxera, in connection with our joint webinar event on the European Green Deal and its implications for regulation, State aid and competition policy.  The webinar, which will feature speakers from the European Commission, the judiciary and private practice, will … Read more

German Supreme Court overturns interim relief ruling and provisionally confirms abuse of dominance by Facebook

Introduction On 23 June 2020, the German Federal Supreme Court (FSC) overturned the temporary injunction granted by the Higher Regional Court of Düsseldorf in August 2019, which suspended the German Federal Cartel Office’s (FCO’s) landmark abuse of dominance decision against Facebook, pending final determination of the company’s appeal (see our earlier blog post). In its February … Read more

Commission consults on a range of digital initiatives

The Commission is currently consulting on a range of proposals for legislation in the digital sector.  The proposed measures consist of a Digital Services Act package (dealing with issues such as online safety, freedom of expression, fairness and a level-playing field in the digital economy) and a new ex ante competition tool to give it … Read more

New market investigation regime for the EU?

The Commission’s 2020 updated working programme provides for a legislative proposal for a new “ex ante competition tool” to be put forward before the end of 2020, in the context of its digital markets strategy. At this stage no further details as to the nature of the new tool are available, but Commissioner Vestager has … Read more

European Commission presents new industrial policy package

The package of policies, announced on 10 March, aims to be “Making Europe’s businesses future-ready” and to be “A new Industrial Strategy for a globally competitive, green and digital Europe”. Executive Vice-President Vestager summed it up succinctly as a plan “for all, to be green and to be based on fair competition“. It is the … Read more

ACCC CONTINUES FOCUS ON TECH AND ESSENTIAL SERVICES AS PART OF BROAD RANGING PRIORITIES

The ACCC’s 2020 enforcement priorities provide an insight into its focus areas and a preview of matters that are likely to develop over the course of 2020. This year’s priorities highlight a continued focus on key consumer facing industries, with technology and essential services (such as electricity and telecommunications) continuing to be focal points. The … Read more

European Commission Announces Strategy for Data, Artificial Intelligence and Competition in the Digital Age

On 19 February 2020, the European Commission (the “Commission”) published three policy papers as part of its strategy to “shape Europe’s digital future”: a white paper on artificial intelligence (AI) (the “AI White Paper”), a communication on a European strategy for data (the “Data Strategy Communication”), and a communication on shaping Europe’s digital future (the … Read more

OPEN INNOVATION & COLLABORATION: Triggering and managing innovation and collaboration & the IP, data and competition issues involved

This was first published on our Intellectual Property Notes blog. Open Innovation: Forging innovation and collaboration In the first of a two-part series on open innovation, we explore how organisations can manage and benefit from the changing nature of innovation and collaboration. Open Innovation: IP, data and competition issues In part two, we look deeper … Read more