Data protection and digital competition
by Ian Brown and Douwe Korff
It’s popcorn time: the European Commission will tomorrow publish its first list of the “core platform services” it has designated under the Digital Markets Act (DMA), and hence are subject to its obligations. Today’s Financial Times reports that Apple and Microsoft are pushing back against designation of iMessage and Bing.
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What type of service is TikTok under the Digital Markets Act? And should an interoperability requirement be applied to its new Twitter-like service?
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Many thanks to Tommaso Valletti and Cristina Caffarra for organising this spectacularly good panel on antitrust and generative AI. It’s well worth watching in full, but I’ve tried to capture some key points.
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The Bundeskartellamt (Federal Cartel Office) has been undertaking a long-running sector study of the German messenger (and video services) market, and today has published its final report. I wanted to add a few comments to elements of the report, because without a close reading of the DMA’s provisions it is easy to draw incorrect assumptions about implications of the BKA’s conclusions.
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In July 2022, Twitter had 61.9m users reachable by advertisers in the 27 EU member states — passing the 45m user hurdle for designation as a Very Large Online Platform under the DSA, and potentially a DMA gatekeeper.
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German minister: “The EU must put Twitter under direct supervision of the European Commission! I have written to the relevant Commissioners Margrethe Vestager and Thierry Breton today asking them to do so. This can stop the anti-competitive behaviour of Elon Musk on Twitter.”
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I enjoyed listening to Ariel Ezrachi and Maurice Stucke’s new book on competition policy and innovation more than I expected. How Big-Tech Barons Smash Innovation—and How to Strike Back is beautifully written and full of zingers.
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Thanks to BEUC for organising a great symposium yesterday on digital competition reform. This was my five-minute introduction to interoperability.
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Here are the provisions of the EU’s Digital Markets Act relating to interoperability obligations for large “gatekeeper” firms, from the final text!
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Key points on how the almost-final interoperability obligation in the EU Digital Markets Act interacts with end-to-end encrypted services.
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