Competition & Digital Markets

Episode #15: Tune in for an interview with  Cani Fernández,  the President of the Spanish Comisión Nacional de los Mercados y la Competencia (the CNMC).  Hear:

• Her insights into competition enforcement the CNMC is driving in digital markets under her leadership; 

• Her take on the Digital Markets Act (DMA), EU legislation designed to tame the power of the largest digital platforms – the so-called "gatekeepers".   

• About the CNMC's cooperation with other competition authorities, including the European Competition Network (ECN) Conference on the DMA.

Episode #14: Tune in for an interview with Rima Alaily, Deputy General Counsel at Microsoft. Hear her views on: 

• Whether regulators are turning on big tech

• The emerging 'ecosystem' theory of harm in merger control of digital deals

• The largest Microsoft's acquisition ever:  video game publisher Activision Blizzard 

Episode #13: Tune in for an interview with Sarah Cardell, Chief Executive at the Competition and Markets Authority (CMA). Hear insights into:

• Post-Brexit CMA investigations into digital companies in parallel with the European Commission to ensure coverage of the UK 

• How has the CMA merger control practice evolved when looking at transactions in the digital space 

• How the dedicated Digital Markets Unit (DMU) has been integrated into the CMA's work; impact of the delay of the DMU legislative plans 

Episode #12: Tune in for an interview with Andreas Mundt, President of the German Bundeskartellamt (BKartA), and Chair of the International Competition Network, to hear about the BKartA’s competition enforcement in the digital space. Hear insights into:
 

• What’s next on the BKartA’s agenda under the so-called “Section 19a GWB” against online platforms designated as being of “paramount importance” for competition

• Which role remains for the BKartA in taming market power online now that the EU is rolling out the Digital Markets Act

• How Andreas counters criticism that concurrent antitrust enforcement by different agencies may create fragmentation and undermine legal certainty

• Whether he expects the proposed “11 GWB Novelle” amendments to national law – akin to the unsuccessful EU attempt at creating “New Competition Tool” – to succeed in Germany

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Episode #11: Tune in for an interview with Thibault Schrepel,  a blockchain expert appointed to the World Economic Forum and the World Bank,  author of  book “Blockchain + Antitrust” (2021) as well as author of the world's most downloaded antitrust articles in four subsequent years. 

Hear why he considers that:

• Antitrust in blockchain is like jazz music  – "pretty much dead"

• Blockchains can challenge today’s gatekeepers

• Competition authorities should start by scrutinising how blockchain can be used to collude in the non-virtual world

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Episode #10: Tune in for an interview with Isabelle de Silva – until recently, President of the French Autorité de la concurrence – to hear her insights into competition enforcement work in digital markets pursued under her leadership; as well as her take on the Digital Markets Act (DMA) – the EU legislative proposal designed to tame the power of the largest digital platforms – the so-called "gatekeepers".  Hear about: 

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• Her legacy of 'Taking on Big Tech'

• Strengths & shortcomings of the draft DMA

• The book on the DMA she is writing

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Episode #9: Tune in for an interview with Alfonso Lamadrid de Pablo in the third episode of our series dedicated to the Digital Markets Act (DMA) - the EU legislative proposal designed to tame the power of large digital platforms - the so-called "gatekeepers".  Hear insights of Alfonso - who is a vocal commentator on the draft DMA  - about: 

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• Weaknesses in the very legal basis the DMA is built on 

• The risk of fragmentation of EU competition law 

• “Fixes” co-legislators should consider to enable the DMA withstand  judicial scrutiny 

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Episode #8: Tune in for an interview with MEP Stéphanie Yon-Courtin in the second episode of our series dedicated to the Digital Markets Act (DMA) - the EU legislative proposal designed to complement existing competition law, in attempt to tame the power of digital platforms - the so-called "gatekeepers".  Hear insights of MEP Yon-Courtin - who is the European Parliament ECON Committee's rapporteur on the DMA - about:

• The role of national competition authorities

• The interplay with traditional competition law

• Regulatory dialogue with third party stakeholders

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Episode #7: Tune in for an interview with Philip Marsden in the first episode of our series dedicated to the Digital Markets Act (DMA) - the EU legislative proposal designed to complement existing competition law, in attempt to tame the power of digital platforms that, quoting the DMA itself, serve as a "gateway for business users to reach end users" - the so-called "gatekeepers".  Hear insights of Philip Marsden - who counts decades in various lead and advisory roles to competition enforcement and regulatory bodies as well as businesses - about why:

• He is a  proponents of 'running' with digital markets regulation

• Designation as a 'gatekeeper' should not be appealable

• Institutional design will be decisive for the DMA to succeed

 

And multiple other ideas and suggestions he has on "restoring balance to digital competition".

 

Episode #6: This episode features an interview with Prof. Rupprecht Podszun about the first of its kind case into Facebook where competition and privacy law collide. The antitrust case pursued by the German competition authority, the Bundeskartellamt, centres on alleged exploitative dominance abuse by amassing private user data in breach of EU privacy rules. Prof. Podszun, who says he “loves the case”, has been one of the lead observers and commentators of the twists and turns of the proceedings that have now reached the Court of Justice of the EU (CJEU).  Hear about:

• Which role is for competition vs data privacy rules in this case

• Theories of harm to competition, also as developed in appeal proceedings

• Why legal questions referred to the CJEU focus on privacy – and not competition law

• Far-reaching ripple-effects of the case on the digital policy discourse

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