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30 June 2025

Newsletter

n°8/2025 Free Edition

Christophe Carugati

Regulate and Let Compete

Regulating fast and unpredictable competition dynamics requires a new path: regulate and let compete.

About


Digital Competition (https://www.digital-competition.com) is a research and strategy consulting firm for businesses, law firms, and government agencies dedicated to promoting open digital and competition policies that foster innovation. 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, regulatory intelligence, 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 at: 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


Competition authorities are increasingly eager to regulate digital platforms. However, while they enforce existing rules and propose new digital competition regimes, they also struggle with the rapid and unpredictable dynamics of competition in digital markets.

 

They observe intense and rapidly evolving competition in areas such as cloud computing and artificial intelligence. However, they remain concerned about the enduring dominance of major online platforms. The regulatory dilemma is clear: intervene too early, and risk stifling innovation and growth; intervene too late, and risk irreversible harm to competition.

 

But there is a third path: regulate and let compete.

 

The UK’s Competition and Markets Authority (CMA) offers a promising example. In its roadmap concerning Google’s potential designation under the UK digital competition regime, the CMA proposes targeted conduct requirements on new AI features. Crucially, it also recognises the importance of allowing Google to strongly compete, encouraging its innovation efforts rather than stifling them. If successful, this balanced approach may become a global reference point for regulating fast-moving digital markets.

 

To support organisations navigating this complex landscape, I’m launching a new service: Regulatory Intelligence.

 

This monthly service offers in-depth analysis of the latest market and regulatory developments in digital and competition policies, with actionable insights tailored to your specific needs. It’s designed to help you anticipate challenges and seize opportunities before they become risks. Get in touch if you’re interested in learning how my expertise can help you stay ahead!


My Work

 

New service: Regulatory intelligence

I now offer in-depth analysis of the latest market and regulatory developments in digital and competition policies, providing actionable insights tailored to your specific needs. Delivered monthly, so you can anticipate emerging issues before they become risks. The service

 

Opinion: The AI Moment

Artificial Intelligence is reshaping the economy and society. Firms, government agencies, and governments must quickly adapt to these new competition dynamics or risk irrelevance. The opinion


Report: Europe’s Progress in the Digital Single Market: A Proposal for Consistency

European digital regulations shape the Digital Single Market, raising complex issues of regulatory consistency. This report assesses and proposes recommendations to ensure coherence across countries, regulatory regimes, and the rule-making process. The report


Public Consultation on the Review of the European Digital Markets Act (extended deadline)

We seek stakeholder feedback for a report on the review of the DMA and an international digital competition conference in Cannes, France. The public consultation


Training: EU Digital Merger Guidelines

The EU Digital Merger Guidelines Training offers a deep understanding of the EU consultation on merger guidelines in relation to digital mergers to help tech firms, law firms, and economic consulting firms. The training

 

Research projects: Let’s work together

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News


Generative AI

 

Apple and AI

The Economist published an excellent piece on how evolving markets, particularly AI, and regulatory shifts, such as the EU Digital Markets Act, are challenging Apple’s strategic position. The article

 

AI Traffic

Nvidia forecasts the emergence of a new category of “AI traffic,” referring to data flows generated by AI services during inference (when users engage models). Telecom operators are beginning to assess the impact of AI traffic on network infrastructure. The article

 

AI and Cloud

CERRE released an analysis of competition in the cloud and AI sectors. While these markets remain competitive, the report recommends that competition authorities continue to exercise ongoing scrutiny. The paper

 

German Expert Group on AI and Competition

The Bundeskartellamt convened with German stakeholders to explore AI and competition, addressing topics such as cloud infrastructure, data access, and AI agents. Germany continues to lead in digital competition policy and is one of the few authorities to have investigated AI partnerships. The meeting

 

Digital Competition Regimes

 

Australia Recommends a Digital Competition Regime

In its final Digital Platform Services Inquiry report, the ACCC recommends the adoption of a digital competition regime modelled on the UK's. The proposed regime would apply codes of conduct to designated firms in digital activities. It would first target app marketplaces, mobile OS, and ad tech. It also recommends ongoing monitoring of broader digital markets, including online marketplaces and emerging technologies like generative AI and cloud services. Reflecting a point I raised in my report, Europe’s Progress in the Digital Single Market: A Proposal for Consistency, the ACCC also supports establishing a permanent Digital Platform Regulators Forum. The report

 

UK Proposes to Regulate Google

As expected, the CMA has proposed designating Google under its new digital competition regime. This would cover Google Search and Search Advertising, and notably extend to some AI features, such as AI Overviews (but not Gemini AI Assistant, as it is separate from Search). The CMA has issued a roadmap outlining its next steps, categorising proposed conduct requirements into four areas: C.1 Immediate actions; C.2 Measures requiring further assessment; C.3 No short-term action; and C.4 Internationally linked action. Google has stated it will cooperate with the CMA to ensure the framework supports innovation and growth. Google designation. Google 

 

Germany Investigates Amazon

The Bundeskartellamt is investigating whether Amazon’s price control mechanisms, potentially delisting third-party sellers whose prices are deemed too high, violate the new German competition regime. (Disclosure: I work with Amazon, though not on this case.) The press release lacks detail on the practice in question. The potential overlap with the EU DMA also raises questions, especially given the DMA’s aim to ensure a cohesive Digital Single Market. The Amazon investigation

 

Commission Releases DMA Decision on Meta’s “Pay-or-Consent” Model

In the first significant decision at the intersection of digital competition and data protection laws, the Commission ruled that Meta’s “pay-or-consent” approach violates the DMA. It found that the model failed to offer a genuine, specific choice and lacked valid user consent (para. 7). The decision was partly based on Meta’s internal studies, which showed that users were unlikely to pay. Meta was aware of this before implementing the model (paras. 94, 95, 98). As I previously argued in a Bruegel blog post, the model effectively steers users toward consent, preserving the status quo. Meta decision. Bruegel blog post

 

Apple Updates Developer Rules in Response to the DMA

Apple has revised its rules in response to the DMA’s Anti-Steering decision. Developers may now share external offers outside their apps, subject to an acquisition fee and store services fee, unless they avoid actionable links. Apple also introduced a new Core Technology Commission (CTC) to replace the contested Core Technology Fee (CTF). Apple

 

Competition

 

France Consults on Self-Preferencing in the Cloud Sector

The French Autorité de la Concurrence is consulting stakeholders until 30 June on self-preferencing practices in cloud computing. The consultation is part of the broader SREN law to regulate the digital space and will inform a report to policymakers. The consultation

 

Court of Justice Opinion on Google Android

Advocate General Kokott has recommended that the Court of Justice uphold the Commission’s Google Android decision in its entirety. The opinion

 

Algorithms and Dynamic Pricing

Canada’s Competition Bureau is consulting on algorithmic pricing, when firms use algorithms and AI to set prices. While potentially beneficial, such practices raise concerns about illegal collusion. Similarly, the UK CMA has updated its findings on dynamic pricing, highlighting both risks and benefits for competition and consumers. Competition Bureau. CMA

 

Digital Policy

 

Commission Releases International Digital Strategy

The Commission reaffirmed its commitment to international collaboration to strengthen Europe’s digital sector, countering growing concerns about the need to de-risk reliance on non-European countries, particularly the United States. The international strategy

 

Commission Publishes Third Digital Decade Report

The latest Digital Decade report tracks progress toward EU digital targets. While noting some advances, it calls for more investment, regulatory simplification, and structural reform. The report

 

UK Adopts Data Bill

The UK Parliament has passed the long-debated DATA Bill. However, it removed a controversial clause that would have allowed AI developers to train models on copyrighted material, unless they opt out. Instead, the bill now mandates a government report on this issue within nine months of the law’s entry into force. The bill

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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