Lessons and questions from Google Android- Part 2 – Tying in two-sided markets, anti-competitive effects and extra-territorial remedies

Lessons and questions from Google Android- Part 2 – Tying in two-sided markets, anti-competitive effects and extra-territorial remedies

The very lengthy and complex Google Android decision provides us with lots of material for discussion. In the first part of this discussion the matter of the definition of the relevant market was addressed. Although it may appear that this is the only key issue in the case, the decision covers several other issues, which deserve equal (if not more) […]

Ex-ante competition law enforcement and online platforms – a tool with no (clear) instructions

Ex-ante competition law enforcement and online platforms – a tool with no (clear) instructions

The interest of national competition authorities in the matter of online platforms and competition law is becoming increasingly visible. In the case of the Dutch competition authority this growing interest has recently resulted in a call for introducing ex-ante enforcement tools in the context of online platforms. Although the idea may indeed be constructive for the adaption of the current […]

The return of the MFN clauses – platform ranking as an enforcement mechanism for price parity

The return of the MFN clauses – platform ranking as an enforcement mechanism for price parity

The MFN cases of the past few years have delivered a series of uncoordinated cases that created a fragmented approach towards MFN clauses. Nowadays it would appear that there is a growing consensus in Europe that wide MFN clauses should be prohibited which, also led major platform like Expedia to abandon these pricing strategies. The recent claim put forward by […]

App stores and (potential) abuses of dominance – an opportunity to reshape competition law enforcement in digital markets

App stores and (potential) abuses of dominance – an opportunity to reshape competition law enforcement in digital markets

During the past few weeks the number of complaints against Apple’s practices concerning the App Store has not gone unnoticed. While previous complaints by unhappy developers were perceived as isolated cases it would seem that now the flood gates have been opened, and the stream is primarily targeting Apple. In Europe, this development has been given quite some media coverage […]

Business users vs. platforms – a (not entirely) new battle frontier

Business users vs. platforms – a (not entirely) new battle frontier

The recent complaint of Spotify against Apple is yet another case concerning the contractual relationship between online platforms and their business users that appear to arise quite often these days. In the context of these cases the business users of online platforms claim to be subject to undesired practices such discriminatory treatment and unreasonable pricing. The essence of most of […]

Abuse of dominance through data overcharges and EU competition law enforcement

Abuse of dominance through data overcharges and EU competition law enforcement

The past year the EU commission and numerous competition authorities have addressed the matter of applying competition law to online platforms. The discussions concerning Facebook and Amazon have even touched upon the difficult relation between data and competition law. Despite the many debates concerning the application of competition law in digital markets, little attestation was given to the calculation of […]

Apple’s App Store commission fee and (anti-competitive) governance: when a platform’s zero-pricing strategy becomes expensive

Apple’s App Store commission fee and (anti-competitive) governance: when a platform’s zero-pricing strategy becomes expensive

These days Apple is at the Supreme Court trying to defend its pricing scheme for the App Store, which is currently under fire for being potentially abusive with respect consumers that end up paying perhaps quite a bit more for their apps than they should. Although it is uncertain whether the claimants will be allowed to proceed with the claim, […]

Market definition for two-(or multi) sided platforms – demand interdependence and substitution as guiding principles

Market definition for two-(or multi) sided platforms – demand interdependence and substitution as guiding principles

The past year has led to a lot of discussion on the relation between competition law and (online) platforms and a lot of disagreement on how competition law should apply in such cases as displayed by comments on the major cases of Amex and Google. Unsurprisingly, one of the most contentious aspects of these cases was the market definition. It […]