13 episodes

Tech antitrust policy from Brussels

MONOPOLY ATTACK Kay Jebelli & Friso Bostoen

    • Technology

Tech antitrust policy from Brussels

    12. ASCOLA 2022

    12. ASCOLA 2022

    At the end of June 2022, the yearly conference of the Academic Society for Competition Law (ASCOLA) took place in Porto. In between panels of what is perhaps the most important antitrust conference of the year, Kay and Friso caught up with some fellow academics. They talked with Magali Eben about collegiality in the competition law community, with Francesco Ducci about his award-winning paper on randomization as an antitrust remedy, with Rupprecht Podszun about what makes the EU such an exciting place for competition law scholarship, and with Philip Marsden about the importance of antitrust policy for people today.

    Let us know what you think, by engaging with MONOPOLY ATTACK on Twitter (@MonopolyAttack) and LinkedIn

    Learn more about the hosts:

    Kay Jebelli, Counsel to the Computer & Communications Industry Association - Twitter (@KayJebelli), LinkedIn, SSRN

    Friso Bostoen, Academic at KU Leuven & Research Foundation Flanders  - Twitter (@BostoenFriso), LinkedIn, SSRN

    Further reading:


    For another perspective on this year’s ASCOLA Conference, we recommend Rupprecht Podszun’s debriefing on the D’Kart Blog.
    Philip Marsden’s previous antitrust rap is available on YouTube.
    Francesco Ducci’s paper “Randomization as an Antitrust Remedy” is available here.

    If you’d like to know more about ASCOLA, check out the website and blog here.

    • 19 min
    11. What About Microsoft? (Part 2)

    11. What About Microsoft? (Part 2)

    The European Commission’s cases against Microsoft in the 2000s set the framework for the assessment of abusive conduct related to product integration and interoperability, and Microsoft became the first “big tech” company with direct experience of the power of antitrust enforcers. In this episode, we explore how Microsoft adapted its conduct in light of the imposed remedies and their continuous supervision, tracing how the company’s relationship with government enforcers evolved over time. No longer merely a defendant, Microsoft has more recently leveraged its experience to put pressure on its digital rivals and influence ongoing antitrust enforcement in the tech sector.

    Let us know what you think, by engaging with MONOPOLY ATTACK on Twitter (@MonopolyAttack) and LinkedIn

    Learn more about the hosts:

    Kay Jebelli, Counsel to the Computer & Communications Industry Association - Twitter (@KayJebelli), LinkedIn, SSRN

    Friso Bostoen, Academic at KU Leuven & Research Foundation Flanders  - Twitter (@BostoenFriso), LinkedIn, SSRN

    • 37 min
    10. What About Microsoft? (Part 1)

    10. What About Microsoft? (Part 1)

    Depending on the day of the week, Microsoft is the most valuable company in the world, or at least in the top 5. It’s one of GAFAM, the five “big tech” companies presumptively labeled as “digital gatekeepers” to which new ex-ante antitrust rules will apply under the EU’s forthcoming Digital Markets Act. Founded in 1975, it’s the oldest of the Big Five (one year older than Apple), but has had a much longer history of being a target of antitrust enforcement.

    Back between Microsoft out-manoeuvring IBM to become the dominant platform for personal computers, and before the dot com bubble crashed, Microsoft faced its first real antitrust issues. In August of 2000, the European Commission sent Microsoft a Statement of Objections, a preliminary finding of anticompetitive conduct, which led to an (at the time record-breaking) fine of over $500 million and an appeal to the Court of Justice of the European Union in Luxembourg. The judgment in that appeal set the precedent for EU competition law in the digital sector. In this episode we do a deep dive into the case, setting the stage for everything that comes next.

    Let us know what you think, by engaging with MONOPOLY ATTACK on Twitter (@MonopolyAttack) and LinkedIn

    Learn more about the hosts:

    Kay Jebelli, Counsel to the Computer & Communications Industry Association - Twitter (@KayJebelli), LinkedIn, SSRN

    Friso Bostoen, Academic at KU Leuven & Research Foundation Flanders  - Twitter (@BostoenFriso), LinkedIn, SSRN

    • 33 min
    9. Gaming Industry Consolidation

    9. Gaming Industry Consolidation

    At the start of 2022, the gaming market was shaken up by a series of acquisitions, including Microsoft/Activison Blizard, Sony/Bungee and – last but not least – New York Times/Wordle. In this episode, we examine the current state of the gaming market, the innovation on the horizon, and how competition authorities may assess recent acquisitions. (Recorded 7 February 2022)

    Note: On 9 February 2022, Microsoft announced the ‘principled approach to app stores’ it is adopting ahead of regulation, which ties in with our discussion of Microsoft’s role in current regulatory debates.

    Let us know what you think, by engaging with MONOPOLY ATTACK on Twitter (@MonopolyAttack) and LinkedIn

    Learn more about the hosts:

    Kay Jebelli, Counsel to the Computer & Communications Industry Association - Twitter (@KayJebelli), LinkedIn, SSRN

    Friso Bostoen, Academic at KU Leuven & Research Foundation Flanders  - Twitter (@BostoenFriso), LinkedIn, SSRN

    • 28 min
    8. The CMA’s FB/GIPHY Decision

    8. The CMA’s FB/GIPHY Decision

    In May 2020, Facebook (now Meta) acquired the gif library GIPHY. The UK’s competition authority (the CMA) started investigating the merger and finally, in November 2021, ordered Facebook to sell GIPHY again. In this episode, we examine the CMA’s merger control assessment and the more interventionist approach to digital markets it exemplifies (Recorded 27 January 2022)

    Let us know what you think, by engaging with MONOPOLY ATTACK on Twitter (@MonopolyAttack) and LinkedIn

    Learn more about the hosts:

    Kay Jebelli, Counsel to the Computer & Communications Industry Association - Twitter (@KayJebelli), LinkedIn, SSRN

    Friso Bostoen, Academic at KU Leuven & Research Foundation Flanders  - Twitter (@BostoenFriso), LinkedIn, SSRN

    • 30 min
    7. The Google Android Appeal Hearing

    7. The Google Android Appeal Hearing

    In this episode, we walk through the General Court hearing in the Google Android case, which took place in Luxembourg from 27 September until 1 October. Google appealed to the General Court the European Commission’s 2018 4.3B EUR fine for abuse of market power. We discuss the major points of contention, including market definition and power, pre-installation agreements and anti-fragmentation agreements, highlighting the arguments made by Google and the Commission, and the points of law that the judgment could help clarify. (Recorded 5 October 2021)

    Let us know what you think, by engaging with MONOPOLY ATTACK on Twitter (@MonopolyAttack) and LinkedIn

    Learn more about the hosts:

    Kay Jebelli, Counsel to the Computer & Communications Industry Association - Twitter (@KayJebelli), LinkedIn, SSRN

    Friso Bostoen, Academic at KU Leuven & Research Foundation Flanders  - Twitter (@BostoenFriso), LinkedIn, SSRN

    • 42 min

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