by Kevin Coates | Feb 2, 2021 | General
As with all EU legislation, you need to read the DMA’s articles alongside the recitals which often provide useful context. And as with all EU legislation, that can lead to a lot of scrolling up and down when you’re trying to understand what’s going...
by Kevin Coates | Feb 1, 2021 | General
The EU published its proposal for a Digital Market Act in December. Articles 5 and 6 of the draft contain various obligations to be imposed on gatekeepers. In this table, I take the obligations under Articles 5 and 6 of the draft DMA and: I provide a short...
by Kevin Coates | Nov 1, 2020 | General
Some questions to ask about datasets and the importance of that data for markets, firms and allegations of market power: Is the data already replicated elsewhere? Is the data replicable? Is it rivalrous? If it is does the value of the dataset continue to increase with...
by Kevin Coates | Aug 6, 2020 | General
The competition rules are commonly referred to as an ex-post instrument; regulation is frequently referred to as ex-ante. The public consultations on the proposed New Competition Tool and the Ex Ante Regulation that are part of the Digital Services discussions both...
by Kevin Coates | Jul 16, 2020 | General
Many of you will have seen a lecture I’ve given on several occasions since around 2011 when I discuss antitrust issues around interoperability. My basic concern is that the competition rules – and I’m thinking in particular of the EU’s 2004...
by Kevin Coates | Jan 21, 2016 | General
This is a lightly edited version of a speech I gave at the Chillin’ Competition conference late last year where I gave the opening speech for the panel, “An Emerging Competition Law for a New Economy?” I begin with the usual disclaimer that I’m...
