Competition law questions are increasingly raised in the public debate about the blockchain technology. While there is yet to be any investigation in this field, the policy debate about applying competition law instruments to this disruptive, decentralised technology is heating up. The latest and probably most comprehensive approach to structuring the discussion comes from the Organisation for Economic Co-operation and … Continue Reading
I’m currently watching a wonderful new show called “The Marvelous Mrs. Maisel,” on Amazon Prime. It’s a comedy about a recent divorcee in Manhattan in the early 1960s who decides to become a stand-up comedian. As I’m watching the show my thoughts drift to the magnitude of difference between the fictitious Midge Maisel watching Bob Newhart on her 1960s-era television … Continue Reading
First come, first served. That’s not the principle behind the clearance of Bitcoin transactions. Equally for other blockchain technology networks, the relevant factor to get a transaction on the next available block is not time, but often: money. “Paid prioritization” is a reality. Miners will first pick and clear those transactions which will most highly reward them.
Is this a … Continue Reading
Hogan Lovells has announced that Edith Ramirez, the former Chairwoman of the US Federal Trade Commission (FTC), has joined the firm as a partner and will play an active role in Hogan Lovells’ Privacy and Cybersecurity practice. She will also co-head the firm’s Antitrust, Competition and Economic Regulation (ACER) practice.
Ramirez will co-lead the global antitrust practice alongside Suyong … Continue Reading
On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends for 2017, including regulation of artificial intelligence, competition law and big data, global privacy and copyright trends, and the future of broadband … Continue Reading
Will Germany establish a “Digital Agency” to monitor compliance with competition law rules in digital markets? Will a German “Digital Antitrust Enforcer” become a role model for a European protectionist approach against American and Asian platform providers?
The German Federal Ministry for Economic Affairs and Energy seems to see a pressing need for regulation in digital markets. The White Paper … Continue Reading
On 7 June 2016, the Administration for Industry and Commerce (AIC) in Inner Mongolia held the Xilin Gol branch of the Inner Mongolia Radio and Television Network Group (Xilin Gol Radio and Television) to have violated the Anti-Monopoly Law (AML).
Xilin Gol Radio and Television was ordered to stop its illegal conduct, had illegal gains in the amount of RMB … Continue Reading
Joshua Gans presented his new book, “The Disruption Dilemma“, at a seminar organized jointly by Hogan Lovells, and the Innovation and Regulation Chair of Telecom ParisTech and the Ecole Polytechnique. Gans was joined in the debate by Nicolas Curien, Professor of Economics and Commissioner at France’s audiovisual regulatory authority (CSA), Eric Paroche, competition partner at … Continue Reading
A non-compete obligation which is imposed on the seller in the context of a M&A transaction can be permissible when it is ancillary to the transfer of the relevant business, that is, when it is directly related and necessary to the implementation of the deal. In order to enjoy the fruits of the purchase of the transferred business, the buyer … Continue Reading
Big data is no longer a term used only by the digital economy. Competition law agencies in Germany and France significantly ramp-up their enforcement tools in the light of technology-driven market changes. As regulators aim at being on par with market players dealing with big data, such companies need to carefully analyze whether the approach taken in the EU can … Continue Reading
Antitrust regulators around the globe reinforce the importance of innovation for the assessment of mergers and acquisitions.
The European Commission this month published a policy brief on the role of innovation in merger control within the European Union (EU) outlining the Commission’s approach to the assessment of innovation in the context of merger control. In addition, EU Commissioner Vestager in … Continue Reading
2015 has seen a significant increase in M&A activity in the technology and telecom industries, driven by demand for the latest technology and the fastest internet connectivity. The highest numbers of M&A deals to date have been in the technology space, and together with telecom deals, their value reaches around $450 billion for this half year.
These deals, whether public … Continue Reading
Recently, we reported on the series of adblocking lawsuits pending in Germany against Eyeo GmbH, the makers of AdBlock Plus. Yesterday, the District Court of Hamburg rendered the first decision in this highly controversial and avidly followed battle of several German media houses, among them Axel Springer, ProSiebenSat.1 and RTL subsidiaries. The court ruled in favor of the defendant Eyeo, … Continue Reading
Adblocking is an increasingly wide-spread phenomenon with huge impact on the online advertising industry. The best known and by far most popular adblocking tool is AdBlock Plus, marketed by the German company Eyeo GmbH. AdBlock Plus is among the most frequently downloaded browser add-ons worldwide, with over 144 million active users reported in 2014 (Source: Page Fair and Adobe 2014 … Continue Reading
Cogent accused major European telecom operators of violating antitrust rules in their Internet peering and transit practices. The European Commission is investigating, and launched dawn raids this summer. Meanwhile, Cogent suffered a legal setback in France. On December 19, 2013, the Paris Court of Appeals denied Cogent’s antitrust claims against France Telecom.
In 2012, Cogent sued France Télécom before the … Continue Reading