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Your Weekly Digest | Issue 213

Valur Thrainsson
4 min read

Good morning,

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

Enjoy :)

Digital Markets Act: EU's new rules on Big Tech | CNBC
Tech giants could soon face hefty fines and stricter controls over their behavior as part of sweeping new rules in the European Union.
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EU gives Google a Christmas gift, clears Fitbit deal | POLITICO
Brussels green-lit the merger, raising doubts about its pledge to tame Big Tech.

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Google, Facebook made secret deal to divvy up market, Texas alleges | POLITICO
Lawsuit says the companies agreed in secret in 2018 to carve up the advertising market between them. 
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The Department of Justice announced today that it would require Harvard Pilgrim Health Care (Harvard Pilgrim) and Health Plan Holdings (fka Tufts Health Plan) to divest Tufts Health Freedom Plan Inc. (Tufts Freedom), in order to proceed with their merger. Tufts Freedom is Health Plan Holdings’ commercial health insurance business in New Hampshire. The department has approved UnitedHealth Group Inc. (United), as the buyer. Health insurance is an integral part of the American healthcare system, and the proposed settlement will maintain competition for the sale of commercial health insurance to private employers in New Hampshire with fewer than 100 employees. Read more.
The ACCC has outlined preliminary competition concerns with Woolworths’ (ASX: WOW) proposal to acquire 65 per cent of PFD Food Services. PFD is a wholesale food distributor, purchasing a wide range of food products from manufacturers and distributing them to food service businesses such as restaurants and cafés, fast food franchises, hotels and clubs. “The ACCC is concerned that the proposed acquisition seems likely to increase Woolworths’ already substantial bargaining power in its dealings with food manufacturers,” ACCC Chair Rod Sims said. Read more.
“I’ve been wondering how to give a metaphor because these are two quite complex proposals. And the best thing I came to think of was the first-ever traffic light that brought order in the streets, that was actually in the US, in Cleveland Ohio. And that was invented as a response to a major technological... Read more.

5 challenges to the new EU digital rulebook | POLITICO
Brussels’ digital rulebook is out. Cue the wrangling and legal fights.
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The DMA proposal is a bold and ambitious attempt to rewrite the rules applicable to (some) digital platforms. While competition law has proved dynamic and capable of constant evolution to address… Read more.
The European Commission has unveiled draft legislation (the Digital Services Act, or “DSA”) that would overhaul the rules governing the online lives of its citizens. The draft rules are something of a mixed bag. While online markets present important challenges for law enforcement, the DSA would significantly increase the cost of doing business in Europe […] Read more.
While relying on internal documents can be controversial, Zuckerberg's emails are so detailed and specific that they're impossible to ignore. Read more.
On October 20, 2020, the U.S. Department of Justice (DOJ) and eleven states with Republican attorneys general sued Google for monopolizing and attempting […] Read more.
Lumine van Uden
Judgments on a party’s inability to pay a cartel fine are relatively rare. If such a judgment is issued, it often raises many questions, in part because the actual assessment of the undertaking’s inability to pay request is generally marked as confidential. Read more.
Ann Lipton
I’ve previously discussed the common ownership problem in this space, and it basically comes down to the fact that common ownership – institutional investors who own stock in a broad swath of companies, including competing companies – is a mixed... Read more.
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Kind regards, Valur Þráinsson, Founder of Email:
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