This article explores the economic dynamics and competition issues within the fast-advancing Generative Artificial Intelligence (AI) industry. Generative AI, encompassing hardware, models, and applications, has seen rapid growth across sectors,…

Hold-up in the standard essential patent (“SEP”) context can lead to entrenchment, disadvantaging new entrants and smaller firms by raising SEP licensing costs. Former and current enforcement officials have acknowledged the…

This article explores the interplay between investment, economic moats, and regulatory intervention within the context of Europe’s low growth. We begin by defining economic moats and examining their role in…

Recent enforcement and the establishment of ex ante regulation of digital platforms is predicated on them having durable and entrenched market power. In the short time since regulatory regimes have…

Dear Readers, This edition of the TechREG Chronicle examines the complex intersection of data privacy, competition, and consumer protection in digital markets. It analyses the evolving legal basis for processing…

Meta’s modification of its earlier offerings under regulatory pressure shows, among other things, the need for active and ongoing consultation among agencies with different regulatory missions that impact digital companies.…

The General Data Protection Regulation (“GDPR”), introduced in 2018, represents a milestone in global data protection law. Its two key objectives are to protect individuals’ data privacy rights and to…

California was the first state to enact comprehensive consumer privacy legislation in 2018.  Since then, 19 other states have done so, but have added to or subtracted from California’s approach. …

The internet relies on cookies and personalized advertising to provide services at zero nominal prices. Current privacy regulations in the EU and U.S. use a notice-and-consent model, assuming users understand…

In 2019, the Bundeskartellamt sanctioned Facebook (now Meta) for abusing its dominant position in the market for social media for private users by imposing abusive privacy terms and conditions on…

By Luke M. Froeb1 & Michael Vita2   I. Focus on Consumer Welfare In the 40 years preceding the Federal Trade Commission (“FTC”) under the Biden Administration (“Biden FTC”), consumer…

 Thomas Kramler, Head of Unit, DMA Unit, European Commission Brussels, November 2024   While answering questions regarding mobile ecosystems, Thomas Kramler delved into the nuanced regulatory approaches adopted by…