In 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…
On 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…
On 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…
On 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…
The 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…
On 7 July 2021, 36 US State Attorneys General, led by Utah, North Carolina, Tennessee, New York, Arizona, Colorado, Iowa, and Nebraska, filed an antitrust claim against Google in the US Courts. The claim is focused on Google’s control of the Play Store, an app store on Android devices, including the requirement that all developers…
The European Commission (“EC”) has announced as of 28 June the formal adoption of two adequacy decisions for the United Kingdom under the EU General Data Protection Regulation (GDPR) and Law Enforcement Directives (LEDs). The adequacy decisions recognise the UK’s personal data safeguards as being strong and will allow UK entities to continue to receive personal data from the EEA without restriction (i.e. without…
The European Commission has today announced the opening of an investigation into Google’s conduct in the online advertising technology sector.The Commission has indicated that it is concerned Google may be violating EU competition rules by favouring its own online display advertising technology services. The investigation will, in particular, examine whether Google is distorting competition by…
The UK Competition and Markets Authority (“CMA”) has announced today that it is launching a market study into Apple and Google’s mobile ecosystems, due to concerns that they have market power which is harming users and other businesses. In particular, the CMA has indicated it wants to scrutinise whether the two companies’ control over the…
On 4 June 2021, the European Commission adopted two sets of new Standard Contractual Clauses (“SCCs”), taking into account the Schrems II judgment: One set is for use between controllers and processors located in the EU/EEA (or otherwise subject to the GDPR): Effectively these SCCs contain the Art.28.3 and Art.28.4 GDPR compulsory wording) (“28.7 SCCs”);…
