Representations in online privacy policies that certain data is anonymous or “not information that personally identifies you” can have significant consequences. They may indicate that the firm considers the data to be outside the scope of data protection regulation, and/or give consumers the impression that this is data which cannot have an impact on the… Continue reading “A Rose by any Other Unique Identifier”: Regulating Consumer Data Tracking and Anonymisation Claims
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Why Regulation of Dark Patterns Is Here to Stay
Consumer protection regulators across a variety of jurisdictions are taking on the challenge of combating online “dark patterns” through targeted enforcement actions and new rulemaking initiatives. Broadly speaking, dark patterns are user interface techniques that benefit an online service by leading users into making decisions they might not otherwise make. Some dark patterns deceive users,… Continue reading Why Regulation of Dark Patterns Is Here to Stay
Regulating Gig Work in Australia: The Role of Competition Regulation and Voluntary Industry Standards
This article surveys two recent Australian regulatory developments which highlight the critical role of competition law and voluntary industry standards in regulating gig work. In particular, the class exemption for small business collective bargaining that was recently introduced by the federal Australian Competition and Consumer Commission (“ACCC”) presents important opportunities for platform workers to enhance… Continue reading Regulating Gig Work in Australia: The Role of Competition Regulation and Voluntary Industry Standards
Why Tech Regulators Need to Think Like Google
As many of the world’s largest companies are platform-based technology companies, there has been a growing push worldwide to regulate these companies to address issues arising from economic, political and communications power. At the same time, their distinctive platform business models raise new challenges to regulators, such as what industries they are in, what problems… Continue reading Why Tech Regulators Need to Think Like Google
Apple Defends Its Policies In Australia
Apple has robustly defended its ecosystem in a submission to Australia’s competition watchdog, amid growing global scrutiny of the power of big tech companies and “gatekeeping.” The Australian Competition and Consumer Commission (ACCC) has scrutinized Apple’s ecosystem in a series of investigations since last year and encouraged the company to give users more control over… Continue reading Apple Defends Its Policies In Australia
Antitrust and Competition Law in Global Supply Chains: Recent Developments and Best Practices
Significant supply chain disruptions have become prevalent in the context of the COVID-19 pandemic and, more recently, ongoing political conflict. These disruptions involve important and interconnected national and global industries, including logistics, consumer goods, pharmaceuticals, healthcare, retail, and agriculture. Following complaints submitted by businesses and industry groups, five national competition agencies — in the U.S.,… Continue reading Antitrust and Competition Law in Global Supply Chains: Recent Developments and Best Practices
Asia Pacific: Opportunities & Challenges – A Global Call for Competition Policy Advocacy
Recognizing the economic opportunity and potential Asia-Pacific countries offer, the present article seeks to leverage competition advocacy tools for building and strengthening competition culture in particular and overall socio-economic improvement, as a whole. The second section of the paper highlights a few Asia-Pacific region-specific illustrations of such competition advocacy tools, before segueing into the fundamental… Continue reading Asia Pacific: Opportunities & Challenges – A Global Call for Competition Policy Advocacy
The Covid-19 Take-off of Competition Advocacy in Asia Pacific
Competition advocacy has played an important role in the Asia-Pacific. The COVID-19 crisis has only increased its importance, but it has also shown advocacy changing to focus not only on the benefits of competition broadly but more specifically in the design policy actions. This can be expected to continue as the economic recovery and the… Continue reading The Covid-19 Take-off of Competition Advocacy in Asia Pacific
Australia’s Merger Control Regime: Ex Post Merger Reviews, Continued Push for Radical Changes to Merger Clearance Process, Proposed Sector Specific Rules
This paper comments on the results of the first ex post review of merger cases undertaken by the Australian Competition and Consumer Commission (“ACCC”), which feeds into the ACCC’s call for reform to Australia’s merger control laws; and reviews some of the key elements of the ACCC’s proposed merger law reforms. The ACCC says that… Continue reading Australia’s Merger Control Regime: Ex Post Merger Reviews, Continued Push for Radical Changes to Merger Clearance Process, Proposed Sector Specific Rules
Mobile Ecosystems: Competition and Transparency
This article presents propositions about competition and transparency in the mobile ecosystem consisting of various submarkets. Facilitating competition is a major goal of competition policy. The view is stated herein not only for competition within individual submarkets of the mobile ecosystem, but also for competition across multiple submarkets. Moreover, the author insists on the importance… Continue reading Mobile Ecosystems: Competition and Transparency