On 10 September 2021, Judge Yvonne Gonzalez Rogers issued an injunction in the Epic v Apple case. Apps cannot be restricted from directing users to other payment options, in addition to the ones offered by Apple. The injunction will take effect on 9 December 2021. The injunction reads as follows: “Apple Inc. and its officers,…
DetailsOn 2nd September 2021 the Irish Data Protection Commission (”DPC”) imposed its biggest fine to date on WhatsApp, the messaging app owned by Facebook. In its reasoning (available here) the DPC considered both: the information provided by WhatsApp to its users, and perhaps more importantly the lack of information provided to non-users. Namely, it was…
DetailsSouth Korea’s parliament has approved on the 31st of August 2021 a bill that prohibits Apple and Google from forcing app developers to only use their proprietary billing systems. The bill is an amendment to South Korea’s Telecommunications Business Act. This decision will allow app developers to avoid paying 15 to 30% commission on every…
DetailsIn a settlement in the US with a number of independent app developers, Apple has committed to allowing independent app developers using the Apple App Store to reach out to users outside of the apps, such as via email, to inform them of alternative ways to make payments. Currently, payments through the App Store and…
DetailsOn 11 August 2021, the Information Commissioner’s Office (“ICO”) published a consultation regarding its draft guidance for international transfers of personal data (“Guidance”), as well as associated data transfer tools which serve to replace Standard Contractual Clauses (“SCC”). The ICO’s post-Brexit data protection actions include these new documents, which are subject to consultation: Proposals aimed…
DetailsIn December 2020, the US Federal Trade Commission (“FTC”) filed a lawsuit against Facebook for a “buy or bury” strategy to new entrants. The claim argued that Facebook was illegally maintaining its social networking monopoly through an anti-competitive campaign to either acquire or kill potential competitors. The claim was dismissed by US District Judge James…
DetailsOn 12 August 2021, The Competition and Markets Authority (“CMA”) announced its provisional findings that Facebook’s completed acquisition of Giphy is likely to harm competition between social media platforms and between digital display advertising players. The CMA considers that Facebook could restrict the use of GIFs on other social media platforms, making its competitors change…
DetailsOn December 16, 2020, Texas’ Attorney General together with nine other U.S. States filed an antitrust lawsuit against Google’s advertising technology business (Texas et al v. Google). On March 15, 2021, five additional states joined as plaintiffs. The lawsuit was amended a second time, on August 4, 2021, to add the states of Louisiana and…
DetailsOn 20 July 2021, the Department for Business, Energy & Industrial Strategy (“BEIS”) published: A Draft National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021; A consultation on the revised draft statement that explains how the power to call in acquisitions for consideration will be used; and Guidance notes to…
DetailsThe UK government has published a series of proposals to shake up the UK’s competition law regime. The proposals relate to the establishment of the Digital Markets Unit (“DMU”), a regulatory body with expertise in digital markets recommended by the CMA following its market study into online platforms and digital advertising. Under the proposals, the…
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