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THE EVOLUTION OF EU PORTABILITY LAW AND ITS DRAWBACKS

With the prominent role of digital platforms nowadays, switching has become a
habit common to many users. A provider can come out of fashion very easily, as
users migrate from one service to another in constant search for the best
digital service and following the trend. Also “network effects” contributed to
the wide spreading of the phenomenon. Against this backdrop, the concept of
“portability” has first been articulated as a user right in Article 20 GDPR.
This blogpost will portray the different roles acquired by the concept of
“portability” throughout the years and spot its intricate relationship with
digital platform law and regulation.

Continue reading “The evolution of EU portability law and its drawbacks”

Author Camilla SignorettaPosted on August 31, 2024August 31, 2024Categories
UncategorizedLeave a comment on The evolution of EU portability law and its
drawbacks


MITIGATING ANTITRUST RISKS IN DUE DILIGENCE BETWEEN COMPETITORS

In the realm of mergers & acquisitions (“M&A”) transactions, corporations almost
always undergo due diligence, wherein the buyer conducts a thorough
investigation and evaluation of the target company before entering into a
transaction. In the context of due diligence operations, antitrust challenges
may arise in specific situations, such as when the involved parties are direct
competitors. The purpose of this post is to illustrate the instances when
antitrust risks emerge during due diligence concerning M&A operations between
competitors and to propose suggestions mitigating these risks.

Continue reading “Mitigating Antitrust Risks in Due Diligence between
Competitors”

Author Marcus SolimanPosted on July 31, 2024July 30, 2024Categories
UncategorizedLeave a comment on Mitigating Antitrust Risks in Due Diligence
between Competitors


DO CRISES AFFECT ENFORCEMENT OF EU LAW?

In 2018, EU Commission president Jean-Claude Juncker stated that the EU “had
been sleepwalking from one crisis to another without waking up.” These crises
have no doubt had a range of detrimental effects on the EU, and I argue that
crises make it harder for the Commission to enforce EU law. Why? Crises require
resources, including time. Time is a fixed and finite resource, and if the
Commission is spending time on a crisis, there is less time for enforcement.
However, crises do not inevitably lead to lax enforcement. Other actors,
including the European Parliament and EU citizens can help overcome the
constraints of time.

Continue reading “Do crises affect enforcement of EU Law?”

Author Kari WatersPosted on June 30, 2024June 30, 2024Categories
UncategorizedLeave a comment on Do crises affect enforcement of EU Law?


[REPOST] EPPO – FIRST RULING OF THE ECJ: A SOLOMON’S JUDGEMENT ON CROSS-BORDER
INVESTIGATIONS

This month, we have the pleasure of re-posting a contribution by Clémence van
Muylder, Senior Associate at Loyens&Loeff, Brussels. Have a pleasant read!

In its Grand Chamber judgment of 21 December 2023, the Court of Justice of the
European Union rendered its very first decision on the functioning of the
European Public Prosecutor’s Office (EPPO). The decision provides valuable
guidance on the conditions for cross-border acquisition of evidence by the EPPO.

Continue reading “[REPOST] EPPO – First ruling of the ECJ: a Solomon’s judgement
on cross-border investigations”

Author Clemence van MuylderPosted on May 31, 2024May 31, 2024Categories
UncategorizedLeave a comment on [REPOST] EPPO – First ruling of the ECJ: a
Solomon’s judgement on cross-border investigations


TWEEDE DRUK VAN HET BOEK “DE ALGEMENE VERORDENING GEGEVENSBESCHERMING IN
EUROPEES EN NEDERLANDS PERSPECTIEF”

Begin april verscheen de tweede druk van het boek “De Algemene verordening
gegevensbescherming in Europees en Nederlands perspectief”. Het is een
bijgewerkte versie van de eerste druk die verscheen rond de tijd dat de Algemene
verordening gegevensbescherming (de “AVG”, ook wel bekend onder de Engelse
afkorting: “GDPR”) van toepassing werd.

Continue reading “Tweede druk van het boek “De Algemene verordening
gegevensbescherming in Europees en Nederlands perspectief””

Author Luc Verheij and Herke KranenborgPosted on April 30, 2024April 29,
2024Categories UncategorizedLeave a comment on Tweede druk van het boek “De
Algemene verordening gegevensbescherming in Europees en Nederlands perspectief”


USER INFLUENCING AND A PRAGMATIC ROLE FOR COMPETITION AUTHORITIES

Over the past decade, user influencing practices have gained prominence in
academic and digital policy debates in Europe. These practices include dark
patterns, dark nudges, sludge, and highly personalised processes such as
hypernudging. In essence, they rely on manipulating users’ cognitive and
environmental constraints to steer their behaviour in a predictable manner.
Growing empirical evidence of harms have triggered regulatory responses in the
recent Digital Services Act, Digital Markets Act, Artificial Intelligence Act,
and Data Act. In addition, the enforcement guidance documents were updated to
sharpen the application of EU data protection and consumer laws to capture these
practices. In this blog post, I focus on European competition law as an
alternative instrument that has so far been largely overlooked in user
influencing debates. As user influencing may lead to distortion of competition
and consumer harm, competition authorities should take a more active, yet
pragmatic, role in addressing these challenges.

Continue reading “User Influencing and a Pragmatic Role for Competition
Authorities”

Author Viktorija MorozovaitePosted on March 31, 2024April 1, 2024Categories
UncategorizedTags competition law, consumer protection, enforcement,
hypernudgingLeave a comment on User Influencing and a Pragmatic Role for
Competition Authorities


GOOGLE – A NATURAL MONOPOLY?

I. Introduction

In the vast landscape of technology, Google stands out as a global giant,
operating the world’s largest search engine, Google Search. The sheer influence
and market power of this tech behemoth has sparked debates over whether Google
qualifies as a natural monopoly, which would mean that it could be subjected to
ex-ante, utility-like regulation combined with separation. This contribution
delves into the ongoing discourse surrounding Google’s classification as a
natural monopoly, analyzing contrasting perspectives, exploring potential
regulatory approaches, and analyzing their impact on enforcement. The argument
built below leans on an in-depth literature review to offer insights into the
complex realm of regulating a tech giant like Google. Finally, for its analysis,
this contribution focusses on Google Search as it is Google’s main service and
the debate on the classification of Google as a natural monopoly has been
related to this service specifically.

Continue reading “Google – a natural monopoly?”

Author Tim LubbersPosted on February 29, 2024February 29, 2024Categories
Competition, UncategorizedTags competition, digital markets act, google,
monopolyLeave a comment on Google – a natural monopoly?


PREPARING THE EUROPEAN UNION FOR A GEOENGINEERING FUTURE: EXPLORING THE
INTERPLAY OF EU AND INTERNATIONAL LAW IN GEOENGINEERING

Introduction

Geo-Engineering (GE) is an attempt to intervene in the Earth´s climate system.
It refers to “the deliberate large-scale intervention in the Earth’s climate
system to counteract man-made climate change”. Solar Radiation Management
(henceforth GE), is to mitigate global warming by reducing solar radiation
reaching the Earth’s surface through techniques such as stratospheric aerosol
injection, aiming to cool the planet by reflecting a portion of incoming
sunlight. This could have significant levels of risk concerning its impact on
the global climate system, natural ecosystems, weather patterns, biodiversity
and human rights, therefore having heterogenous externalities. So far, only the
legally binding London Convention / London Protocol (LC/LP) and the Convention
on Biological Diversity (CBD) regulates the fertilization of oceans to promote
CO2-binding algae, another type of GE. Other regulation on GE is lacking.  In
June 2023 the European Commission (EC) published their intention to “support
international efforts to comprehensively assess the risks and uncertainties of
such climate interventions and promote discussions on a potential international
framework for their governance, including research into related aspects”.

This blogpost highlights the EU´s potential leading role in the evolving
landscape around GE regulation and gives recommendations how the EU can leverage
existing mechanisms to address the complexities possible GE regulation entails.

Continue reading “Preparing the European Union for a Geoengineering Future:
Exploring the Interplay of EU and International Law in Geoengineering”

Author Elena KleinmaierPosted on January 31, 2024February 20, 2024Categories
General, UncategorizedTags enforcement authorities, EU, geo-engineeringLeave a
comment on Preparing the European Union for a Geoengineering Future: Exploring
the Interplay of EU and International Law in Geoengineering


EFFECTIVENESS AND PROCEDURAL PROTECTION IN CROSS-BORDER GDPR ENFORCEMENT

Enforcement of the General Data Protection Regulation (Regulation 2016/679 or
GDPR) is organized mainly alongside decentralized procedures, where national
supervisory authorities (SAs) are responsible for monitoring and supervising the
diverse market of small and large data controllers and processors. Since
processing often has a transnational character, enforcement becomes a
transnational affair too. Therefore, the GDPR lays down a (complex) cooperation
mechanism according to which national SAs in different Member States shall
coordinate the outcome of enforcement procedures, in order to address violations
together – potentially with involvement of the European Data Protection Board
(EDPB) too. While this procedure was, from the outset, infamous for its
complexity, concerns regarding under-enforcement of cross-border cases now seem
to materialize in practice. This blogpost highlights a number of recommendations
that aim to increase the effectiveness of cross-border GDPR enforcement and the
protection of data subjects within these procedures. 

Continue reading “Effectiveness and Procedural Protection in Cross-Border GDPR
Enforcement”

Author Lisette MustertPosted on December 31, 2023February 20, 2024Categories
UncategorizedTags data, enforcement, GDPRLeave a comment on Effectiveness and
Procedural Protection in Cross-Border GDPR Enforcement


NOT SO FLEXIBLE? THE INSTRUMENTAL USAGE OF SOFT LAW IN EU TELECOMMUNICATIONS
REGULATION

What is ‘instrumental usage’ of soft law and why does it matter?

At the hand of a case study in the telecom sector, this blogpost maintains that
soft laws can erode the principles of accountability and vertical division of
powers when used instrumentally/strategically by enforcers. An example of such
strategic use will be the instance when, due to its ineffectiveness, a soft law
instrument is converted/leveraged into hard law. The working definition of
instrumental use coined by this author is as follows: deploying soft law in
order to obtain enforcement outcomes that are consistent with an enforcer’s own
vision of the ‘correct’ modus operandi of EU (utility) regulation (and away from
public interest/public good considerations).  

Continue reading “Not so flexible? The instrumental usage of soft law in EU
telecommunications regulation”

Author Zlatina GeorgievaPosted on November 30, 2023April 29, 2024Categories
Competition, UncategorizedTags economic regulation, enforcement, soft law,
telecommunicationsLeave a comment on Not so flexible? The instrumental usage of
soft law in EU telecommunications regulation


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THE EDITORS

The editors are Miroslava (Mira) Scholten, Laura Zoboli, Zlatina Georgieva and
Kelly Blount. Mira is an Associate Professor of EU law at Utrecht University, a
member of the scientific board of Osservatorio AIR, and a member of the Utrecht
Centre for Regulation and Enforcement in Europe (RENFORCE). Laura is Assistant
Professor at the University of Brescia. Zlatina is Assistant Professor in
Competition, Regulation and Enforcement at Utrecht University. Kelly is a former
Doctoral Researcher at the University of Luxembourg and a member of the Doctoral
Training Unit on Multi-Level Enforcement.






 


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