The UK Government's new competition regime for digital markets is unique around the world. While its key provisions are mostly tightly focused, some risk causing uncertainty and undermining the proportionality of the regime
More action needed to tackle scams
There has been a significant increase in scams, with losses for some consumers having risen by almost 45%. Regulators are mostly tackling it with information campaigns and working with telecom operators, but legislation has not been forthcoming
From ex-post to ex-ante: the shift in oversight of Big Tech
Fines levied against Big Tech from ex-post competition investigations have totalled more than £14bn since 2017. But competition authorities are now gaining powers to prevent anti-competitive conduct ex-ante, rather than wait to intervene once it’s happened
App stores could face ex-ante regulation
App stores and operating systems are under increasing scrutiny from regulators due to increasingly common competition concerns. As Australia and France take the lead, the EC is likely to adopt an ex-ante regulatory framework due to the recent rise in competition cases that have emerged
The European data strategy explained
A big part of the EC’s mandate will be defined by shaping Europe’s digital future – an objective that it will pursue by various means such as policies for AI, the reshaping of competition rules, and a data strategy. These are in turn linked to the Green Deal and the Industrial Strategy. The success of this vision will determine whether Europe can become less dependent on foreign big tech, and ensure its own businesses finally compete on a global scale.
The increasing importance of data in antitrust reform
Ongoing initiatives of antitrust reform have three things in common. Firstly, data is increasingly seen as an asset that can determine whether a market is competitive or not, and could represent a barrier to entry; secondly, authorities demand stronger powers to monitor big tech and act against them, sometimes even ex-ante; and thirdly, markets are increasingly seen as global rather than national in scope. But it remains unclear whether all governments will follow through with legislation.
Strengthening security for consumer IoT
On 27 January 2020, the UK Government published its policy position on security in consumer IoT. In deciding not to launch a voluntary labelling scheme, the Government recognised it wouldn't have the intended effect to improve customers’ awareness about the security of the IoT products they purchase. This is in line with what is taking shape at the European level, where the European agency for cybersecurity has also found the need for more specific legislation.
European regulators are taking a hands-off approach to zero-rating
Regulators in Europe have so far generally taken a hands-off approach to operator’s zero-rating practices. Of 20 cases observed by Assembly in the last two years, only three have resulted in a regulator banning the offer.
Ofcom proposes ‘regulatory sandboxes’ for online markets
With the publication of a position paper on “Online market failures and harms”, the UK regulator Ofcom weighs in on the international debate on how to regulate tech companies. The paper identifies useful aspects for other regulators to consider, and suggests experimenting with remedies through ‘sandboxes’ before extending them to the wider market.
The FTC has been the toughest on Facebook so far, but it may not be enough
The fine approved by the FTC against Facebook on 24 July 2019 amounts to almost $5bn. It is far higher than any fine issued in the EU under GDPR so far, and could have been even higher, with Mark Zuckerberg also held personally accountable for the company’s conduct.
