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22 April 2025

Newsletter

n°6/2025 Free Edition

Christophe Carugati

Rethinking Competition Policy

Competition authorities are rethinking competition policy to support growth and competitiveness while dealing with geopolitical and trade tensions.

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, 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 policy is undergoing a significant rethinking. While competition authorities are already dealing with growing political pressures to support economic growth and industrial competitiveness, they are now facing geopolitical and trade tensions. The increasing politicisation of competition policy risks undermining, if not paralysing, its effective enforcement. In response, competition authorities are adjusting their approaches.

 

In Europe, the European Commission is prioritising a participatory approach to implementing the Digital Markets Act (DMA), aiming to foster compliance while managing potential diplomatic tensions with the United States. Simultaneously, the Commission is considering new merger guidelines to support EU competitiveness, focusing on sectors such as telecommunications, as the Letta and Draghi reports called for.

 

However, these developments are not without controversy. Several national competition authorities (NCAs) have expressed strong opposition to any relaxation of merger control aimed at facilitating further market consolidation. At the same time, following encouragement from the Commission, some NCAs, notably in France and Belgium, are now advocating for the introduction of call-in powers to enable the review of below-threshold mergers and potentially refer them to the Commission for assessment.

 

As part of my ongoing assessment of the DMA, I am conducting a public consultation until 1st June 2025. I am actively seeking stakeholder input to develop a comprehensive understanding of the DMA’s implementation and impact and formulate informed recommendations for its revision next year. I am also seeking sponsors for a Digital Competition Conference in Cannes, France, in September/October 2025.


My Work


Analysis: How Should Member States and the Commission Use Call-in Power Mechanisms

The review of below-threshold mergers through call-in powers should be limited to cases where the mechanism ensures effectiveness, predictability, and legal certainty for the merging parties. The analysis


Opinion: Don’t Weaponise the Digital Markets Act

Weaponising Europe’s landmark digital competition law to retaliate against US tariffs would be a grave mistake. The opinion


Analysis: How Artificial Intelligence is Driving Competition in General Search Engines

AI drives competition in general search engines. Premature regulation of AI features risks disrupting this competitive process. Competition authorities should intervene only when justified, ensuring that actions are evidence-based, proportionate and necessary. The analysis


Opinion: Europe’s New Approach to Enforcing the Digital Markets Act

Brussels’ shift from punitive fines to proactive regulatory dialogue is a smart strategic move that will reshape its long-term relationship with US Big Tech and Washington. 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

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: School on Digital and Competition Policies

The school provides insightful lessons on the fast-changing regulatory and market developments related to digital and AI markets. Join the many law firms and competition authorities worldwide that have already taken part—be the next to stay ahead of the curve! The 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: 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. Please contact me for in-depth research and strategic solutions to ensure coherence with digital competition regimes globally. Contact 


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. Contact

 

Research projects: Let’s work together



News

 

Generative AI

 

Meta AI Now Available in Europe

Meta AI has been launched in Europe after Meta previously claimed it could not do so due to regulatory concerns around using personal data of European users from its services. Despite criticisms from data protection authorities, Meta is collecting and using user data on an opt-out basis, requiring individuals to actively notify Meta if they do not want their data to be used for AI training. Data protection authorities in Hamburg and Norway have taken steps to inform users of this option. It remains to be seen how many users will actually opt out. Meta. Hamburg data protection authority. Norwegian data protection authority

 

South Korea Investigates AI Competition Issues

South Korea's competition authority has opened an investigation into potential competition concerns in the AI sector, particularly regarding data access and usage. As I have consistently emphasised, given the fast-evolving nature of the AI market and regulatory developments, data practices deserve closer scrutiny before regulatory intervention. The investigation

 

US DOJ Flags Google’s AI Services in Trial

In the ongoing antitrust trial against Google’s general search services, the DOJ has argued for forward-looking remedies addressing Google’s AI services. As I discuss in my analysis, AI is intensifying competition in search. Caution is needed as intervention at this stage could risk distorting rather than preserving competitive dynamics. DOJ. My analysis

 

The Chip War Reaches AI

The long-standing chip conflict is escalating, with American firms now facing rising costs and export restrictions, particularly for sales to China. These developments could temporarily slow the global growth of AI technologies. I am available to support firms navigating these geopolitical and supply chain challenges. The FT assessment. Contact

 

Digital Competition Regimes

 

The Commission Probes Google’s DMA Compliance

The Commission has issued preliminary findings that Google breached the DMA’s ban on self-preferencing, echoing the earlier Google Shopping case. As I noted in my opinion, the language of the press release underscores that the DMA is fundamentally about compliance, not punishment. Tellingly, the word “fine” is not mentioned once. The press release. My opinion

 

Apple’s Interoperability Obligations Clarified

For the first time, the Commission exercised its power to specify obligations under the DMA. The Apple Interoperability case demonstrates the Commission’s shift toward a participatory enforcement approach, engaging directly with the company and stakeholders to resolve the issue without a fine. The press release

 

Commission Silent on Meta and Apple DMA Cases

The Commission has not yet announced its final decisions regarding Meta and Apple DMA investigations. While this may reflect a desire to avoid escalating tensions amid ongoing EU–US trade talks, the delay risks reinforcing the view that the DMA is becoming a political instrument, potentially undermining its credibility. The Politico analysis. My opinion

 

Germany Secures Commitments from Google

Under the German digital competition regime, Google has committed to providing access to Google Automotive Services and the Google Maps Platform. Interestingly, the commitment extends across the EU due to automotive regulation. This marks Germany’s third major case involving Google with commitments under its national framework. The press release. My tracker

 

Competition

 

Google Acquires Wiz

Google has announced a $32 billion acquisition of cybersecurity firm Wiz, aiming to strengthen its cloud offering and improve its response to AI-related security threats. While Google has committed to keeping Wiz services open to competitors, the deal will likely face in-depth scrutiny over potential foreclosure concerns. The merger

 

OpenAI in Talks to Buy Windsurf

OpenAI is reportedly negotiating a $3 billion acquisition of Windsurf, an AI coding company. If confirmed, this would be the first major merger in the AI sector, a possible signal of a merger trend. It’s time for competition lawyers and economists to rapidly build deeper expertise in this space. Contact me for Digital and AI training. The talk

 

Call-in Powers Gaining Traction

Countries like France, Belgium, and the Netherlands advocate for call-in powers to review below-threshold mergers. Meanwhile, the Commission is encouraging Member States to adopt or use such powers to catch so-called "killer acquisitions." As I argued in my analysis, these powers should only be used if they ensure effectiveness, legal certainty, and predictability for the merging parties. France. Belgium. The Netherlands. The Commission. My analysis

 

Concerns Grow Over Dynamic Mergers

The Commission is commissioning a study on the dynamic effects of mergers, partly in response to Draghi’s recommendations to allow more consolidation in sectors such as telecommunications. The study will likely inform the new merger guidelines. However, several NCAs remain firmly opposed. I am available to support research and strategic assessments in this area. The study. The NCA paper. The announcement of the review of the merger guidelines 

 

Australia Updates Merger Guidelines

Australia’s new merger guidelines aim to address concerns over serial acquisitions, an issue also gaining attention from the US and Dutch authorities. I am available to support research on serial acquisition strategies, particularly in the tech sector. The guidelines

 

France Fines Apple Over Privacy-Related Conduct

The French competition authority fined Apple for requiring app developers to seek user consent for personalised ads. This landmark decision is the first to frame privacy-enhancing design as potentially anticompetitive. Similar cases are ongoing in Germany, Italy, and Poland. I support firms and legal teams navigating the intersection of competition and privacy. The French decision. My article on this topic

 

Global Antitrust Pressure on Google Intensifies

Google faces escalating antitrust actions worldwide. A US court found the company violated competition law in ad tech, while Canada and Europe are pursuing similar cases in the sector. Meanwhile, the Japanese competition authority has ordered remedies regarding Google Android, mirroring the EU Google Android case. In India, Google has committed to addressing concerns related to Android TV. I assist global teams in navigating these complex, multi-jurisdictional cases. The US. Japan. India

 

OECD Studies on Digital Competition

The OECD examines several digital competition topics, including cloud computing, mobile payments, and efficiencies in merger control. I offer support with in-depth research on these areas, especially cloud computing, a topic I am particularly passionate about. The cloud study. The mobile payment study. The merger study

 

Digital Policy

 

Commission Consults on EU Cloud Infrastructure

The Commission is consulting on EU cloud infrastructure as part of the AI Continent Action Plan. I offer evidence-based research to support the policy debate. The AI Continent Action Plan. The Cloud Infrastructure consultation

 

Feedback Sought on General-Purpose AI Models

While the AI Act sets obligations for General-Purpose AI (GPAI) Models, the concept itself remains unclear. Stakeholder input is now being sought to shape forthcoming guidance. I am available to assist with research and strategic advice on GPAI models. The consultation

 

Commission Moves to Simplify Digital Rules

The Commission has expressed its intention to streamline digital regulations and enhance coherence. I have authored a detailed report on regulatory consistency and would be happy to undertake further research to reduce overlapping or inconsistent regulatory burdens. The announcement 

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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