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21 January 2025

Newsletter

n°2/2025 Free Edition

Christophe Carugati

The Beginning of a New Competition Policy Era

New administrations in Europe and the US push competition policy into uncharted territory.

Digital Competition (https://www.digital-competition.com) is a research and strategy consulting firm dedicated to promoting open digital and competition policies that foster innovation for businesses, law firms, and government agencies. Led by Dr. Christophe Carugati, a passionate and impartial expert in digital and competition policy, the firm combines expertise in law, economics, and policy to deliver cutting-edge research, strategic consulting, think tank initiatives, tailored training programmes, and impactful conferences. Digital Competition is committed to addressing the most pressing challenges in the rapidly evolving landscape of digital and competition policies.

 

Contact us for membership, service, or press inquiries: Christophe.carugati@digital-competition.com.


Thank you for following my work. I would be delighted to discuss key topics of mutual interest and support you in addressing your digital and competition policy challenges. I would also greatly value your feedback on the newsletter and my work. Please contact me for a meeting at your convenience. My services are available globally and remotely.

Forward


A new era of competition policy is emerging. As Europe and the United States transition to new administrations, competition policy rapidly evolves into uncharted territory. In France, the French Competition Authority is exploring options to review below-threshold mergers under French competition laws. Given France’s influential role in shaping competition policy, these proposals may pave the way for developments at the European level. Meanwhile, the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) have called for strengthened cross-regulatory coherence. Their proposals will foster discussions on new forms of cooperation among national authorities responsible for enforcing digital regulations (I will also publish a big report on that topic soon).

 

 Across the Channel, the UK Competition and Markets Authority (CMA) is beginning to implement its digital competition regime. Meanwhile, in Australia, the government proposes a new digital competition regime, drawing inspiration from the "first-mover" regimes already enacted and enforced in jurisdictions like Europe and Germany. This is reviving debates about the importance of international cooperation in aligning digital competition policies globally.

 

 In the United States, the TikTok ban illustrates how competition, trade, and foreign policy are increasingly interwoven in efforts to protect domestic interests under the new Trump administration.

 

These developments signal a pivotal moment for competition policy, one characterised by deeper intersections between regulatory frameworks, international cooperation, and geopolitical concerns.

 

My Work


Analysis: Fast-Follower Digital Competition Regimes: Leveraging Lessons from First Movers

Fast-follower digital competition regimes can learn from first-moving frameworks to ensure regulatory coherence through legislative measures, regulatory decisions, and incentives for voluntary compliance. The analysis


Analysis: The Year of Digital Competition

Digital and competition policies must adapt to the pace of technological, geopolitical, and regulatory changes. Addressing these challenges requires research and stakeholder consultation to ensure policies remain effective and relevant. The analysis



Training: Winter School on Digital and Competition Policies.

The winter school provides insightful lessons on the fast-changing regulatory and market developments related to digital and AI markets. The winter school



Training: UK DMCCA training

The UK Digital Markets, Competition and Consumers Act (DMCCA) training programme offers a deep understanding of the state of play of the UK digital competition regime, learning from domestic and international experiences. The DMCCA training

 


Consultations: Struggling with Europe's Digital Regulations? 

I am here to help companies, law firms, and authorities overcome the complexities of cross-regulatory issues in Europe through strategic insights and policy advice to ensure they consistently navigate digital regulations.


Consultations: UK Digital Markets Act (DMCCCA) consultations

I assist potential designated firms, interested stakeholders, and their legal counsels in responding to public consultations under the UK digital competition regime. For those interested in the recent consultation regarding Google’s designation (closed on 3 February 2025), please contact me for in-depth research into digital and AI markets and strategic solutions to ensure coherence with digital competition regimes globally. Contact


Consultation: Australian consultation on a new digital competition regime

I assist potential designated firms, interested stakeholders, and their legal counsels in responding to the public consultation to the proposed Australian digital competition regime (closed on 14 February). Please contact me for in-depth research into digital and AI markets in Australia, institutional design of digital competition regimes, and strategic solutions to ensure coherence with digital competition regimes globally. Contact


Consultations: French consultation on French merger control law

I am also helping interested parties answer the French consultation on reviewing below-threshold mergers under French competition laws (closed on 16 February 2025). Please contact me for insights for an assessment of the French proposals. Contact


Tracker: DMCCA Tracker

You can now track enforcement actions under the UK Digital Markets, Competition and Consumers Act (DMCCA). The Tracker


Event: CERRE event From Drafting to Impact: A Blueprint for Future-Proof EU Digital Laws

I will speak about the coherence of the EU lawmaking processes at a CERRE webinar on 22 January with Lorelien Hoet (Microsoft), Ben Schroeter (Booking), Maciek Styczeń (CnaM), and Vanessa Turner (BEUC). Registration

 

Research projects: Let’s work together



News

Generative AI

 

FTC Report on AI Partnerships and Investments

The US Federal Trade Commission (FTC) has published its report on partnerships between major cloud providers and Generative AI developers. The report highlights several competition concerns, although the next FTC Chair dissented, citing a lack of evidence-based assessment for some findings. The report. See all market studies

 

Digital Competition Regimes

 

Australia's New Digital Competition Regime

The Australian government is proposing a new digital competition regime following several reports and recommendations from the Australian Competition and Consumer Commission (ACCC) on digital markets. This initiative positions Australia as a "fast-follower," drawing inspiration from the "first-mover" regimes already enacted and enforced in jurisdictions like Europe and Germany. Notably, the proposed regime includes compliance recognition mechanisms, allowing the ACCC to accept compliance solutions implemented overseas while maintaining the flexibility to address specific domestic concerns. Interested parties have until 14 February 2025 to respond to the public consultation. Contact me for assistance in crafting your submission. The Australian proposal. My analysis of fast-follower regimes

 

UK DMCCA’s First Designation Phase Targeting Google

The UK Competition and Markets Authority (CMA) has launched its first consultation under the UK digital competition regime, focusing on the potential designation of Google’s general search and search advertising services. Interested parties have until 3 February 2025 to submit their responses. Contact me for assistance in crafting your submission. The CMA has also published its work plan, outlining how it will enforce the regime in the following years. The Google consultation. The CMA work plan

 

Competition Policy

 

French Consultation on Merger Control

The French Competition Authority has initiated a public consultation to review below-threshold mergers under French competition laws. The consultation proposes three potential options: 1) call-in mergers, 2) mandatory notifications for specific actors or sectors, or 3) Competition law. Responses to the consultation are open until 16 February 2025. Contact me for assistance with submissions. The French consultation

 

European Data Protection Supervisor (EDPS) Paper on a Digital Clearing House 2.0

The EDPS has recommended creating a voluntary Digital Clearing House to foster cross-regulatory coherence among competent national authorities. I will also soon publish my own report on the Digital Single Market, providing detailed recommendations to enhance coherence across Member States, regulatory regimes, and EU lawmaking processes. The EDPS report

 

European Data Protection Board (EDPB) Opinion on Competition and Data Protection

The EDPB has released an opinion discussing the interplay between competition and data protection laws. It highlights both synergies and tensions, advocating for closer cooperation between national competition and data protection authorities through formal points of contact.

 

As someone who has specialised in this intersection since my PhD—where I argued for incorporating data protection principles into competition law—I can provide insights on addressing these complex legal overlaps. Feel free to reach out for more information. The EDPB opinion

 

Supreme Court Confirms TikTok Ban Amid National Security Concerns

The US Supreme Court has upheld the legality of a law banning TikTok due to national security risks. TikTok briefly ceased operations in the US before President-elect Donald Trump pledged that it would reinstate the Chinese social media in the US. A potential resolution could include TikTok’s sale to a domestic owner. This option would likely involve a comprehensive merger review, given TikTok’s market position and the large size of the buyer, but TikTok dismissed such an option. Another more realistic option would be to reinstate TikTok without a sale. The latter scenario is more likely, as President Trump has a strong incentive to leverage the ban as a strategic tool in trade and foreign policy negotiations with China. This case illustrates how competition, trade, and national security policies may intertwine under the new Trump administration when addressing Chinese tech firms. The Supreme Court judgement

About the author

Christophe Carugati

Dr. Christophe Carugati is the founder of Digital Competition. He is a renowned and passionate expert on digital and competition issues with a strong reputation for doing impartial, high-quality research. After his PhD in law and economics on Big Data and Competition Law, he is an ex-affiliate fellow at the economic think-tank Bruegel and an ex-lecturer in competition law and economics at Lille University.

© 2025 Digital Competition by Dr. Christophe Carugati

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