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European Union

A Win for European Regulators on Digital Privacy
 |  Nov 27, 2024

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 GDPR: The Good, the Bad, the Ugly
 |  Nov 27, 2024

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…

Personal Data Exploitation as Excessive Pricing: A Review of the Bundeskartellamt Facebook Case
 |  Nov 27, 2024

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…

New Commission Mandate: Why “Modernize” Competition Policy in Europe?
 |  Sep 30, 2024

By Cristina Caffarra1   Among many other recommendations, the Draghi Report2 contains an urgent invitation to “adapt European competition policy” to the grave challenges that Europe faces today. The Report…

Refusal to Deal in the European Union: A Narrowed Scope Expands the Risks for Dominant Firms
 |  Sep 27, 2024

When can EU competition law compel a company to supply its competitors, overriding its contractual freedom and property rights? Recent EU court rulings have clarified that the strict “essential facilities”…

What if Self-Preferencing is Not Refusal to Deal?
 |  Sep 27, 2024

Self-preferencing refers to a business strategy that a company treats preferentially its own product in comparison with its customers’. Such conduct should be in principle allowed, and may be best…

The EU’s Investigation into Microsoft Teams: A Preliminary Assessment
 |  Sep 18, 2024

By Christian Bergqvist1   Introduction It came somewhat unexpectedly when DG COMP, EU’s competition arm, issued a Statement of Objection (“SO”)2 in June 2024 to Microsoft for having included Teams…

New iOS Changes, New Antitrust Clashes Ahead?
 |  Aug 12, 2024

By Giuseppe Colangelo*   Over the past decade, the intersection of privacy and antitrust has become a significant focus in the literature on data’s role in digital markets.1 In a…

EU Antitrust Enforcement in Labor Markets – A Little Less Conversation and a Little More Action
 |  Aug 8, 2024

Until very recently, the European Commission (“EC”) has not been so active in labor-related antitrust issues. This is likely to change given the EC published in May 2024 a policy…

Information Exchange – Pitfalls from Recent Case Law and Enforcement Practice, and How to Avoid Them
 |  Aug 8, 2024

Information exchange has always been a sensitive area in EU and international competition law, with a chapter on the subject always featuring in the EU’s horizontal cooperation guidelines. However, the…

Lessons for the DMCC: Challenges and Trade-offs Facing Access to Ecosystems in Digital Markets
 |  Jun 19, 2024

By Nitika Bagaria1 & and Arzu Mammadova2   Disclosure: One of the authors has advised a third-party in various jurisdictions on some of the matters discussed in this article.  …

AI, Pharmaceutical Sector, and EU Competition Law and Policy: What Does the Future Look Like?
 |  May 31, 2024

Artificial intelligence (“AI”) offers unprecedented opportunities to enhance the effectiveness of treatments and significantly reduce drug discovery and development timelines in the pharmaceutical industry. However, existing legal frameworks, including competition…

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