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 […]

Tales of two-sided markets, market definitions and anti-competitive effects – insights from Ohio v. American Express

Tales of two-sided markets, market definitions and anti-competitive effects – insights from Ohio v. American Express

  The case of Ohio v. Amex is the final phase of a long legal battle that started back in 2010 where Amex was accused of infringing section 1 of the Sherman Act for imposing its anti-steering provisions on merchants accepting Amex. While not delivering on all fronts, the case of Amex is an important one in the context of […]

The Commission proposes a Regulation on platform-to-business trading practices

The Commission proposes a Regulation on platform-to-business trading practices

On 26 April 2018, the European Commission adopted its Proposal for a Regulation ‘on promoting fairness and transparency for business users of online intermediation services’. In short, the proposal seeks to regulate the relation between platforms and businesses by imposing a number of transparency obligations on the former. In this blog post, I will take a closer look at the […]

Online platforms and refusal to deal – Unlockd vs. Google- a seminal case in the making?

Online platforms and refusal to deal – Unlockd vs. Google- a seminal case in the making?

The recent standoff between advertisement application developer Unlockd and Google, concerning the removal of Unlockd from the Google Play Store and AdMob marketplace, may turn out to be one of the most important competition law cases of the year. This case, which will likely require a competition law review of Google’s terms and conditions for these platforms, provides the opportunity […]

Online platforms and abuse of dominance – the case of Funda Real Estate

Online platforms and abuse of dominance – the case of Funda Real Estate

The application of EU competition law to online platforms has been subject to much debate in the course of the past two years. The EU Commission and several national competition law authorities have launched multiple studies in order to identify the possible challenges in this context and establish an action plan. The distinguishing characteristics of online platforms including: the reliance […]