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Australian Regulator Expect a Growth In Messaging As Digital Platforms

Australians are increasingly turning to online private messaging services to keep in touch with each other, and are overwhelmingly choosing services provided by Facebook and Apple, reported the Australian watchdog.  The ACCC’s first Digital Platform Services Inquiry interim report, shows how the use of online private messaging services has grown significantly during the COVID-19 pandemic, as workplaces… Continue reading Australian Regulator Expect a Growth In Messaging As Digital Platforms

When Code is Law: Bargains Between News Publishers and Platforms

By Rob Nicholls*   I. Introduction In July 2019, the Australian Competition and Consumer Commission (“ACCC”) published the final report of its Digital Platforms Inquiry.1 In that report, the ACCC made two findings of a substantial degree of power. It considers that Facebook has substantial market power in the supply of display advertising and that… Continue reading When Code is Law: Bargains Between News Publishers and Platforms

The Jury Is Out: An Assessment of Proposed Reforms to Australia’s Merger Control Regime for Addressing Competitive Harm in the (Digital) Economy

Recently, competition authorities globally have been advocating for law reform to enhance their enforcement powers in relation to so called “killer acquisitions.” In July 2019, the ACCC released its Final Digital Platform Inquiry Report. As part of this inquiry, the ACCC looked at whether Australia’s merger control regime was fit-for-purpose to address “killer acquisitions” through… Continue reading The Jury Is Out: An Assessment of Proposed Reforms to Australia’s Merger Control Regime for Addressing Competitive Harm in the (Digital) Economy

ACCC Calls On Industry For Ad Tech Inquiry

The ACCC’s adtech and ad agency services inquiry efforts are officially underway, with the industry watchdog calling for feedback and information from Australia’s digital advertising supply chain and services ecosystem.  The Australian Competition and Consumer Commission today released an issues paper and fact sheet for the Ad Tech Inquiry, and is seeking comment from buyers… Continue reading ACCC Calls On Industry For Ad Tech Inquiry

ACCC 2020 Compliance And Enforcement Priorities

Funeral businesses using their significant market power to bundle services and block new entrants to the market or engaging in unconscionable conduct, have made the sector a key enforcement focus for the ACCC in 2020, said ACCC Chair Rod Sims in a speech to the annual Committee for Economic Development Australia (CEDA) today. “The sector… Continue reading ACCC 2020 Compliance And Enforcement Priorities

Australia’s Digital Platform Inquiry: We’ve Only Just Begun…

Between 2017-2019 the Australian Competition and Consumer Commission con- ducted a “world rst” inquiry into digital platforms and their impact on media and advertising services markets. Its focus was Google and Facebook re ecting their “in uence, size and signi cance” in Australia. Concluding that these platforms have market power, the Final Report makes a… Continue reading Australia’s Digital Platform Inquiry: We’ve Only Just Begun…

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Australia’s Digital Platform Inquiry: We’ve Only Just Begun…

BBetween 2017-2019 the Australian Competition and Consumer Commission conducted a “world first” inquiry into digital platforms and their impact on media and advertising services markets. Its focus was Google and Facebook reflecting, their “influence, size and significance” in Australia. Concluding that these platforms have market power, the Final Report makes a raft of recommendations traversing… Continue reading Australia’s Digital Platform Inquiry: We’ve Only Just Begun…

Competition Policy for the Digital Era

A number of recent reports and studies has discussed the need for competition law reform in the digital era, in particular with a view to exclusionary conduct by digital platforms and with a view to data access. While these reports share a common analysis, they diverge in their recommendations: Can we handle the new challenges… Continue reading Competition Policy for the Digital Era

Dethroning the Digital Platform Champions

By John Pecman (Fasken)1 One has to applaud the success of the so-called “Tech Superstars”, often referred to as “GAFA” (Google, Amazon, Facebook, Apple). The great innovations they have developed for consumers and businesses alike contribute significantly to Canada’s gross national well-being. Their collective success should be admired both by those of you who believe… Continue reading Dethroning the Digital Platform Champions

You Say You Want a Revolution in Digital Merger Enforcement: Evolution Shall Suffice, For Now Merger Working Group Teleseminar on Digital Mergers, October 1, 2019

By Joseph R. Neely (United States Federal Trade Commission)1 To say that much has been written about digital mergers would be an understatement.2 Around the world, competition enforcers are evaluating how their competition laws can be best utilized—or improved—to address some of the analytical challenges involved in digital markets. Last month, the ICN’s Merger Working… Continue reading You Say You Want a Revolution in Digital Merger Enforcement: Evolution Shall Suffice, For Now Merger Working Group Teleseminar on Digital Mergers, October 1, 2019