On 14 December 2023, the Competition and Markets Authority (CMA) published its first horizon scanning report examining ten trends in digital markets that the CMA expects will be relevant over the next five years and beyond.
The report aims to “draw on available evidence to discuss and present possible future developments and potential implications for competition and consumers”.[1] The trends focus on areas such as artificial intelligence (AI), interoperability, and privacy.
On December 20, 2023, the French Competition Authority (“FCA”) fined Sony EUR 13.5 million for allegations of abuse of dominant position in the supply of video game controllers for its PlayStation 4 (“PS4”) console between November 2015 and April 2020.[1]
On December 20, 2023, the French Cour de cassation ruled that the French Competition Authority’s (“FCA”) Rapporteur Général is required to duly justify its decision to disclose business secrets.[1] Two days later, the Conseil d’État (the French administrative supreme court) requested a preliminary ruling from the Tribunal des Conflits in the same case to clarify whether an action seeking to enforce the right to the protection of business secrets should be heard by a civil or administrative court.[2]
In the latest episode of Antitrust Review, host Nick Levy is joined by Gina Cass-Gottlieb, Chair of the ACCC, the Australian Competition and Consumer Commission.
On December 15, 2023, the French Competition Authority (“FCA”) published its Revised Leniency Guidelines, which repealed and replaced the 2015 guidelines.[1] The Revised Leniency Guidelines were adopted as part of the implementation of the “DDADUE” law,[2] the ECN+ directive,[3] and the “Damages” directive.[4] They aim to provide greater legal certainty for leniency applicants and modernize the leniency application procedure.
In a move intended to put an end to the Commission’s recent investigation into mobile payment restrictions on iOS, Apple offered third-party developers access to the tap-and-go system (i.e., Near-Field Communication or “NFC”) on its devices.[1]
In the latest instalment of the Cleary Gottlieb Antitrust Review podcast, host Nick Levy is joined by Bruce Hoffman, Director
On 24 November 2023, the Financial Conduct Authority (FCA) published a Call for Input on the potential competition impacts arising from the data asymmetry between Big Tech firms and firms in financial services. The Call for Input follows the FCA’s October 2022 Discussion Paper regarding the potential competition impacts of Big Tech entry and expansion in retail financial services, and its July 2023 Feedback Statement summarising the responses to the Discussion Paper. [1]
On 16 November 2023, the Competition and Markets Authority (CMA) issued a warning to Wowcher, calling on the e-commerce site to change its online sales practices and in particular its “urgency claims” that risk misleading consumers. Wowcher has an opportunity to respond and offer undertakings to change its practices and avoid potential court action.
On 20 November 2023, the Digital Markets, Competition, and Consumers Bill (DMCC) cleared the report stage and an expedited third reading in the House of Commons, at which a series of significant amendments were passed.