On 25 May 2016, the Commission published a package of five proposals aimed at implementing its Digital Single Market (DSM) strategy (see our blog describing the package). The DSM strategy contains 16 aligned initiatives in a variety of fields such as telecommunications, consumer rights and Big Data, each of which is intended to bring the EU one step closer to a digital single market. The DSM strategy is monitored by Hogan Lovells’ cross practice multi-jurisdictional DSM Watch team. One of the proposals issued on 25 May is a draft regulation
Jan Blockx
DSM Watch: Commission proposal on geo-blocking regulation published
DSM WATCH: Draft Proposal For Geo-Blocking Regulation Leaked
News site Politico this week leaked a draft proposal for an EU Regulation on addressing geo-blocking and other forms of discrimination based on place of residence or establishment, or nationality within the Single Market. (And as a reminder – the phrase “geo-blocking” in this context refers to access limitations to websites generally rather than blocking audio-visual content – and indeed this is specifically excluded from the scope of the proposal (see below).) As we reported earlier (see here and here), this proposal was expected and follows from the e-commerce sector
DSM Watch: Proposed commitments in European Commission’s UK Pay-TV investigation focus on allowing “passive sales” of broadcasting content outside territory
On 22 April 2016, the European Commission published for comment the first set of commitments offered in the UK Pay-TV investigations. Those commitments represent an important milestone in the Commission’s efforts to reduce the effects of territorial restrictions in content licensing agreements and may foreshadow the legislative proposals which the Commission has announced for the coming months. Background On 23 July 2015, the European Commission adopted a Statement of Objections against six major Hollywood studios and Sky UK. This Statement of Objections alleges that these seven undertakings breached Article 101(1)
DSM Watch: Commission publishes geo-blocking issues paper
The European Commission’s newly published geo-blocking issues paper concludes that geo-blocking practices are widespread across sales of both consumer goods and digital content. The Commission has reconfirmed its intention to look carefully at such practices under the EU competition rules particularly where underpinned by agreements. This suggests a range of distribution and licensing arrangements are likely to be subject to further scrutiny. However, the Commission has also re-emphasised the principal that unilateral decisions to limit distribution which are not implemented through agreements are not generally concerns for competition law. This suggests that