The Digital Markets, Competition, and Consumers (DMCC) Act, which passed on 23 May 2024, will introduce significant reforms to UK competition and consumer protection law and digital regulation (see our update summarising the main changes). In this post, we’ll take a closer look at the Act’s overhaul of the UK consumer protection regime.
Technology, Media & Communications
UK Digital Markets, Competition, and Consumers Bill Passed By Parliament
UK Becomes Fourth Jurisdiction to Introduce Dedicated Digital Platform Regulation, with More Jurisdictions Likely to Follow
On 23 May, the UK Parliament passed the Digital Markets, Competition and Consumers (DMCC) Bill. The new DMCC Act will bring about some of the most significant reforms to competition and consumer protection law in the UK in decades. Among other major reforms, it introduces a dedicated regime that provides for specific conduct rules for large digital platforms. The UK therefore becomes the fourth jurisdiction—after the EU with its Digital Market Act (DMA), Germany with its s.19A rules, and Japan with its new smartphone bill (also passed on 23 May)—to introduce rules that target a handful of the largest digital firms.[1]
Antitrust Review Episode 26: In Conversation With Damien Gerard
In the latest instalment of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Damien Gerard, Prosecutor General…
Antitrust Review Episode 25: In Conversation With Bill Kovacic
In the latest installment of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy welcomes Bill Kovacic, a legend in the…
The Court of Justice Clarifies National Limitations Periods and Upholds Parties’ Right To Compensation In Follow-on Damages Actions
On April 18, 2024, the Court of Justice delivered its judgement on the questions referred to it by the Prague Municipal Court in the Heureka v. Google case.[1] Heureka Group (“Heureka”), a Czech comparison shopping service company (“CSS”) brought an action before the Municipal Court of Prague in the Czech Republic, seeking compensation from Google for the harm it allegedly suffered as a result of Google’s abusive behavior as part of the Google Shopping decision. The referring court sought clarification about whether Article 10 of Directive 2014/104 (the “Damages Directive”) [2] and/or Article 102 TFEU[3] preclude the effects of a national law that requires parties seeking compensation for competition infringements to file suit within three years of the occurrence of the harm. The Court of Justice ruled that Article 102 TFEU and the principle of effectiveness require the suspension of limitation periods during the Commission’s investigation. The limitation period will only start running when the injured party knows the information necessary to bring its claim, which is presumed to be as of the date of the publication of the summary of the Commission’s infringement decision in the Official Journal of the EU. Additionally, the injured party, Heureka in this instance, can then rely on the findings of a Commission decision under appeal, as it is binding in nature, unless and until it has been annulled.
CMA Publishes Update on its Initial Review into AI Foundation Models
On 11 April 2024, the CMA published an update paper (the Update Paper) in relation to its initial review of AI Foundation Models (FMs). An accompanying technical update report (the Technical Update Report) was published on 16 April 2024, providing further detail on market developments and feedback from stakeholder engagement. These updates follow the CMA’s September 2023 initial report into the same topic (the Initial Report).
FCA publishes feedback statement on data asymmetry between Big Tech and financial services firms
On 22 April 2024, the Financial Conduct Authority (FCA) published a Feedback Statement on the potential competition impacts from data asymmetry between Big Tech firms and firms in financial services. On the same day, Nikhil Rathi, the FCA’s Chief Executive, delivered a speech at the Digital Regulation Cooperation Forum on ‘Navigating the UK’s Digital Regulation Landscape’.
Enrico Letta’s Report – The Future Of The Single Market
On April 17, 2024, the former Italian Prime Minister, Enrico Letta, published a report outlining the future of the EU’s single market (the “Report”).[1] Letta proposed significant reforms, including the addition of a fifth freedom to spur innovation, consolidation in key sectors to enhance global competitiveness, and a new framework for State aid governance.
China’s Review of Semiconductor Transactions
Cleary Gottlieb counsel Cunzhen Huang and associates Huanbing Xu and Yiming Sun co-authored “China’s Review of Semiconductor Transactions,” which appeared…
Antitrust Review Episode 23: In Conversation With Saverio Valentino
In the latest instalment of the Cleary Gottlieb Antitrust Review podcast, host Nick Levy is joined by Saverio Valentino, Board member of the Italian Antitrust Authority. The conversation covers Saverio’s first year in the role, the agency’s current priorities, merger control and FDI regulation, cartel enforcement, rights of defence, judicial review, and much more.