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Your Weekly Digest | Issue 243

Valur Thrainsson
5 min read

Welcome to CompetitionFeed, a weekly newsletter with the most recent and relevant competition and anti-trust news, blogs and journal publications. Never miss an update. If you’d like to receive issues over email, you can sign-up here.

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Here below, you find the most recent and relevant competition and anti-trust news, blogs and journal publications over the last week.

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Apple must loosen app payment system, court rules in Epic Games case | France24
A US judge on Friday ordered Apple to loosen control of its App Store, barring it from obliging developers to use its payments system, in a high-profile antitrust case brought by Epic Games. The Fort…
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BRUSSELS/BANGALURU, Sept 9 (Reuters) - Google faces an EU antitrust investigation over whether it may be forcing device makers to install Google Assistant as the default voice assistant on Android devices, news agency MLex reported on Thursday. A fresh EU antitrust case could expose Alphabet Inc's Google (GOOGL.O) to a fine as much as 10% of its global turnover. It has been fined more than 8 billion euros ($9.5 billion) by the European Commission in the last decade in three separate cases. Read more.
Competition watchdog clears Viagogo-Stubhub merger | BBC News
Viagogo can go ahead with its £3bn acquisition of rival StubHub, the CMA says.
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The ACCC has issued a draft determination proposing to authorise Commercial Radio Australia (CRA) to collectively negotiate with Facebook and Google over payment for their member stations’ news content featured on the platforms. CRA, a radio industry association, currently represents 261 member stations, which provide commercial radio broadcasting and audio content to Australian communities on analogue and digital radio and via online platforms. Read more.
Herbert Hovenkamp explains how DOJ's “New Madison” approach distorts innovation and undermines collaborative dissemination of technology. Read more.
The patent system is too often caricatured as involving the grant of “monopolies” that may be used to delay entry and retard competition in key sectors of the economy. The accumulation of allegedly “poor-quality” patents into thickets and portfolios held by “patent trolls” is said by critics to spawn excessive royalty-licensing demands and threatened “holdups” […] Read more.
On 7 September 2021, the Dutch, French, and German governments (the so-called “Friends of an Effective DMA”) published a joint paper focusing on two important aspects of the DMA proposal: (i) futur… Read more.
The Apple-Epic Games trial verdict is mostly in Apple’s favor - Vox

Epic Games may have won a small battle in the Epic-Apple trial, but Apple won the war.

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Traditionally August isn’t the busiest month for Chinese antitrust enforcement. This year is no exception. But that doesn’t mean that Chinese antitrust regulators weren’t active. On the contrary. It seems many of them used the ‘summer lull’ to work on a specific project: issuing antitrust compliance guidelines. Indeed, last month, three provincial offices of the... Read more.
Elias Deutscher
In the recent CK Telecoms (Case T-399/16) judgment, the General Court annulled the European Commission’s decision to block the four-to-three telecom merger Hutchison3G UK/Telefónica UK. This watershed case is set to curtail the Commission’s ability to challenge future mergers in concentrated markets and proposes a fundamental reshape of the analysis of unilateral effects in the absence of dominance. Read more.
Benedikt Freund
It is undeniable that a ‘follow-on damages claim culture’ is on the rise in Europe. The case-law of the Court of Justice of the European Union has been acting as a catalyst to ensure that victims of cartel infringements are in a position to effectively enforce their right to damages. Although the path followed by the Court removed many obstacles for cartel victims it has also departed from traditional concepts of tort law, including liability for civil damages. Read more.
Jorge Padilla
In this brief essay I set out my views on the way in which competition assessments should be conducted so that they be consistent with the standard of proof in EU competition cases and Easterbrook’s error cost minimization principle. My goal is to develop a normative benchmark against which to assess the European Commission’s actual decision-making practice. I conclude by discussing whether actual practice is consistent with such a benchmark. Read more.
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Kind regards, Valur Þráinsson, Founder of CompetitionFeed.com. Email: valur@competitionfeed.com
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