#9 Legal Lines in the Digital World: Endgame AND New Competition Law w/ Prof. Pablo Ibáñez Colomo

In this conversation, Professor Pablo Ibáñez Colomo discusses the evolution of EU competition law, particularly in the context of the Digital Markets Act (DMA). He explores the shifting priorities in competition policy, the challenges posed by the digital era, and the implications of the DMA for competition law. The discussion highlights the balance between getting things right and getting things done, the regulatory challenges of the DMA, and the concepts of appropriability and contestability. The conversation concludes with reflections on the future of competition law and the potential for fragmentation in regulatory approaches.If you'd like to learn more about Prof. Ibáñez Colomo's thoughts, I recommend his blog Chillin' Competition, where he comments on recent (and not-so-recent) developments in the area of competition law: https://chillingcompetition.com/Throughout the episode, we have touched upon different materials and rulings that anyone with an interest in EU competition law as applied to the digital phenomenon should know about. Here's a list of them:- 00:46, Pablo's recent book (which we refer to throughout the episode and you'll find at the right corner of Pablo's screen), The New EU Competition Law: https://www.bloomsbury.com/uk/new-eu-competition-law-9781782259152/.- 13:57, The European Commission's case under Article 102 TFEU relating to Apple's anti-steering clauses in the music streaming market: https://ec.europa.eu/competition/antitrust/cases1/202419/AT_40437_10026012_3547_4.pdf.- 14:07, The European Commission's subsequent case under Article 5(4) DMA, again, on steering practices: https://ec.europa.eu/competition/digital_markets_act/cases/202523/DMA_100109_929.pdf.- 15:07, The European Commission's case under Article 5(2) DMA against Meta sanctioning its pay-or-consent model: https://ec.europa.eu/competition/digital_markets_act/cases/202525/DMA_100055_528.pdf.- 17:45, Carl Shapiro's paper on appropriability, innovation and contestability, 'Competition and Innovation: Did Arrow Hit the Bull's Eye?': https://faculty.haas.berkeley.edu/shapiro/arrow.pdf.- 20:16, The Importance of Appropriability in Competition Law with reference to cases from the Court of Justice, notably IMS Health (Case C-418/01): https://curia.europa.eu/juris/document/document.jsf?text=&docid=49104&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=2878791.- 20:22, The European Court of Justice's consolidation in its rulings on the so-called tension between IP law and competition law, notably Slovak Telekom (C-165/19P): https://curia.europa.eu/juris/liste.jsf?language=en&td=ALL&num=C-165/19%20P.- 20:25, The European Court of Justice's preliminary ruling on Android Auto (Case C-233/23): https://curia.europa.eu/juris/liste.jsf?language=en&num=C-233.- 21:59, Case-by-case intervention of EU competition law on the degree of innovation introduced into the market as a means to balance appropriability vis-à-vis contestability, as set out by the European Court of Justice in its McGill case (Joined cases C-241/91 P and C-242/91 P): https://curia.europa.eu/juris/showPdf.jsf?text=&docid=98207&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=2871668.To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com.She also writes, from time to time, in her newsletter, the DMA Agora, about the latest developments surrounding the European regulation: https://www.linkedin.com/build-relation/newsletter-follow?entityUrn=7344021393451184128.________The Binary Agora is on social media, where we upload and comment on dedicated content only for our subscribers. Stay tuned there, as well.- LinkedIn: https://www.linkedin.com/company/thebinaryagora/posts/?feedView=all- BlueSky: https://bsky.app/profile/thebinaryagora.bsky.social- TikTok: https://www.tiktok.com/@thebinaryagora- Instagram: https://www.instagram.com/thebinaryagora/