Deirdre Carroll

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Into the Final Stretch: Six Gatekeepers Confirmed Under the EU’s Digital Markets Acts

On September 6, 2023, the European Commission (EC) returned from its summer break with full force and announced the designation of six tech companies as so-called “gatekeepers” under the EU’s Digital Markets Act (DMA) and published a Q&A document. The six companies are predominantly American, with one Asian company represented and no European: Alphabet, Amazon, Apple, … Continue Reading

Missteps in Mixing EU Data Protection and Competition Law: A Call for Boundaries

On June 21, 2023, a request for a preliminary ruling on the scope of the term “undertaking” in Article 83(4) to (6) of the General Data Protection Regulation (GDPR) was lodged with the Court of Justice of the EU (CJEU). This concept is critical for companies facing enforcement action as it is used as a … Continue Reading

UK Regulators Signal Increased Focus on “Damaging” Website Design Practices

On August 9, 2023, the UK’s Information Commissioner’s Office (ICO) and Competition and Markets Authority (CMA) released a joint position paper (the Paper) focused on “harmful” website design practices that may “trick” consumers into giving more access to their personal information. The Paper is targeted at web designers and developers, and it will be particularly … Continue Reading

EU’s Top Court Rules That Competition Authorities Can Consider Data Protection Breaches in Their Investigations

In a landmark judgment issued on July 4, 2023, the European top court, the Court of Justice (ECJ), ruled that competition authorities in the EU can consider a company’s compliance with the EU’s data protection rules when assessing whether it abused its dominant position. In addition, the ECJ ruled on important General Data Protection Regulation … Continue Reading

Some Light Holiday Reading: Draft Procedural Guidance on the EU’s Digital Market Act Open for Consultation

On December 9, 2022, the European Commission (EC) published its draft Digital Markets Act (DMA) Implementing Regulation, which will be open for public comment until January 6, 2023. The package is designed to give guidance on the practical aspects of gatekeeper designation and sets out the information required from gatekeepers and their procedural rights. The … Continue Reading

EU Court Opinion: Competition Authorities May Consider Data Protection Breaches in Their Investigations

On September 20, 2022, an adviser to the EU’s top court opined that competition authorities may consider a company’s compliance with the EU’s data protection rules as part of an abuse of dominance investigation. In his Opinion (Opinion), Advocate General (AG) Athanasios Rantos of the EU’s Court of Justice (CJEU) noted that competition authorities do not have … Continue Reading

Formal Publication of the DMA and Timelines for Compliance

On October 12, 2022, the EU Digital Markets Act (DMA) was published in the Official Journal of the European Union (see here), giving clarity as to when the new rules will apply. The DMA will enter into force on November 1, 2022, and it will become fully applicable in May 2023. At that point, the gatekeeper … Continue Reading

D(MA)-Day: Formal Adoption of the EU Digital Markets Act

On July 18, 2022, the long-awaited Digital Markets Act (DMA) received the final approval of the EU’s co-legislators. The DMA will impose stringent far-reaching obligations on the largest digital platforms: the “gatekeepers.” The regulation will give the European Commission (EC) significant new enforcement powers, including the ability to impose severe fines and remedies in case … Continue Reading

EU to Open San Francisco Office to Advance Its Digital Regulation Agenda

In anticipation of its new powers to regulate the largest digital platforms, the EU is planning to open a San Francisco base to engage with these companies, which are based mostly in Silicon Valley and the broader Bay Area. The EU’s plans to open its first representative office on Californian soil reflects the EU’s intent … Continue Reading

EU Adopts New Rules to Significantly Limit the Power of Tech Platforms

The European Union (EU) will soon be handed sweeping new rules to regulate the conduct of the largest digital platforms with the long-awaited Digital Markets Act (DMA). Following 15 months of intense negotiations on amendments to the original Proposal, the presidents of the main EU institutions (the Parliament, Council, and Commission) reached a political agreement on the final … Continue Reading

EU Parliament and Council Take Next Steps to Advance Major New Rules for Digital Platforms

The EU Parliament and the EU Council recently adopted their respective versions of the Digital Markets Act (DMA) and Digital Services Act (DSA), which intend to create new antitrust-related (DMA) and regulatory (DSA) rules applicable to digital platforms.1 The adoption of the draft amendments by the EU Parliament and the EU Council constitutes a critical … Continue Reading

European Commission Proposes New Rules for Digital Platforms

On December 15, 2020, the European Commission (EC) unveiled a set of proposals to regulate digital platforms. The draft laws include antitrust-related requirements, addressed by the Digital Markets Act (DMA) and more general regulatory requirements, addressed in the Digital Services Act (DSA). The DMA/DSA package will apply to all digital services, including social media, online … Continue Reading
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