Self-assessments as to whether a given company falls within Art 3. Digital Market Act
Public and Private enforcement
The marketplace is changing fast. Technology shifts are reshaping service offerings and the wider digital ecosystem. This in turn changes the types of competition issues which arise and the ways in which governments and regulators interact with market players.
Public concern over Big Tech companies’ control over markets and the impact on consumers has led to increasing competition law scrutiny worldwide. Companies operating in the telecoms, media, technology and digital services sectors face interventions from policy makers, regulators and other stakeholders. The upcoming Digital Markets Act will introduce a sector-specific ex-ante regulation for gatekeepers in the digital sector.
CEG experts provide advice to TMT and digital companies, their legal advisers, competition authorities and regulators facing these challenges.
CEG economists have experience in assisting clients in matters involving access regulation and rate setting, interoperability, economics of network effects and the economics of privacy, IP and intangibles.
We also have substantial experience in defining the relevant market and assessing dominance in dynamic and multi-sided markets.
Representative Engagements
Advice to Seven West Media in relation to its negotiations with Google and Facebook to a Media Bargaining Code for Digital Platforms for dealing with News and Media Businesses. Engaged by Herbert Smith Freehills.
Assessment of the merits of a class action claim for damages regarding alleged self-preferencing by a major online retailer.
Report for the GSMA setting out how the existing competition policy frameworks can be reset for the digital ecosystem.
Strategic advice and drafting submissions for Orange Jordan in response to a regulators market review in respect of fixed, mobile and leased line markets.
For a confidential client, advised on EU and other international models of carriage payments for pay TV retailers carriage of local free-to-air broadcast channels based on desk research and stakeholder interviews.
Economic report for a news curation service provider regarding a dispute with its supplier of newspaper content in injunction proceedings, and in a procedure on the merits before the civil court. The CEG report contained an economic analysis of the relevant markets, DPG’s position in these markets and the possible effects of the termination of the supply relationship.
What our experts say
The growth and success of digital platforms is due to its ability to leverage on economies of scale and scope grounded on network effects, massive data usage and connectivity. As such, digital platforms pose new challenges in competition cases. For this reason, an update of traditional economic methods to better analyse the competitive dynamics of of digital markets and identity antitrust violations is needed. For example, taking into account the multi-sided nature of digital platforms may improve the assessment of market power and identification of potential abuses.
