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.
What will be keeping regulators busy in 2020?
As we start 2020, we look ahead to the key issues regulators and policymakers will grapple with over the coming 12 months. We consider four broad areas: the first year of work for the new European Commission; the development of 5G (with regard to spectrum awards and network security); broadband policy and roll-out; and the approach to regulating platforms and big tech.
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.
UK Government aims to lead efforts in tackling online harm
The UK Government recently published a white paper with a broad set of proposals to tackle online harm. These include a new regulatory framework, to establish a duty of care for online companies for the first time, and the set-up of a specific regulator to enforce the new rules.
Antitrust is the latest headache for Facebook and Big Tech
Recent cases have seen competition regulators intervening against tech giants, Facebook in particular. The most recent is a ruling in Germany, where the competition watchdog did not issue a fine, but instead ordered Facebook to stop practices which are a key part of the company’s business model. This, alongside other ongoing cases, could be a signal of a new regulatory trend.
Australia proposes comprehensive regulation of online platforms
The Australian Competition and Consumer Commission (ACCC) has issued a preliminary report as part of its inquiry on digital platforms, which started at the end of 2017. The report carries 11 recommendations, and identifies nine areas for further investigation, which will likely be tackled in more detail by the final report to be published by June 2019.
Apple’s Tim Cook says regulation of big tech is inevitable, but what it will look like?
The CEO of Apple, Tim Cook, made the headlines with his recent interview in which he called regulation of tech companies “inevitable”, and concluded that the free market has failed to deliver. His prediction is likely to be accurate, as policymakers increasingly see cases for intervention with regard to data protection and disinformation.
