The Binary Agora

In this episode, I host Sebastião to discuss the complex interplay between the GDPR, DMA, and AI regulation within the EU. He explores how regulators can cooperate across silos, the challenges of enforcement, and the future of cross-regulatory guidelines.To watch our brief tit-for-tat at CPDP, access the video here: https://www.youtube.com/watch?v=m7fEXSUEILU. Throughout the conversation, we covered different aspects of the digital rulebook requiring coordination: - 00:17, The European Commission's specification proceedings relating to Google's AI features: https://ec.europa.eu/commission/presscorner/detail/en/ip_26_202. - 01:48, The EDPB's and EC's Draft Joint Guidelines on the interplay between the DMA and the GDPR: https://www.edpb.europa.eu/our-work-tools/documents/public-consultations/2025/joint-guidelines-interplay-between-digital_en. - 04:49, The EDPB set to issue Joint Guidelines on the interface between competition law and the GDPR: https://competition-policy.ec.europa.eu/about/news/commission-services-and-edpb-will-start-joint-work-guidance-interplay-between-eu-competition-law-and-2026-04-28_en. - 04:53, The EDPB's work with the EC on Joint Guidelines relating to the AI Act and its interplay with the GDPR: https://www.edpb.europa.eu/system/files/2026-01/edpb_edps_jointopinion_202601_proposal_ai-omnibus_en.pdf. - 05:06, The EDPB's Joint Guidelines with the EDPS on the Anti-Money Laundering Act: https://www.edps.europa.eu/data-protection/our-work/our-work-by-type/edps-edpb-joint-opinions_en. - 07:23, The EDPB's efforts in issuing Joint Guidelines relating to the DSA/GDPR interface with the EC: https://www.edpb.europa.eu/system/files/2025-09/edpb_guidelines_202503_interplay-dsa-gdpr_v1_en.pdf. - 07:48, The EDPB's collaboration with the European Board for Digital Services in the DSA context: https://www.edpb.europa.eu/news/news/2025/interplay-between-dsa-and-gdpr-edpb-adopts-guidelines_en. - 08:30, The Court of Justice's ruling relating to the principle of sincere cooperation (Case C-252/21, Meta Platforms Inc and Others v Bundeskartellamt): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62021CJ0252. - 11:51, The EC's analysis of the Google/Fitbit merger: https://ec.europa.eu/competition/mergers/cases1/202120/m9660_3314_3.pdf. - 11:58, The EDPB's statement on the Google/Fitbit merger: https://www.edpb.europa.eu/sites/default/files/files/file1/edpb_statement_2020_privacyimplicationsofmergers_en.pdf. - 12:04, Commissioner Vestager's statement that the EDPB could not intervene in the Google/Fitbit merger due to the lack of a legal basis: https://subscriber.politicopro.com/article/2020/02/vestager-privacy-regulators-wont-be-involved-in-google-fitbit-review-3976959. - 12:17, The EDPS' call for a horizontal legal basis that provides the possibility to exchange confidential information between authorities: https://www.edps.europa.eu/system/files/2022-11/2022-11-11-opinion-on-european-media-freedom-act_en.pdf. - 12:54, The stakeholder contributions to the Digital Fitness Check: https://data.europa.eu/en/news-events/news/eu-digital-omnibus-update-simplifying-europes-digital-rulebook. - 16:00, The European Commission's specification proceedings under Article 6(11) DMA against Google: https://ec.europa.eu/commission/presscorner/detail/en/ip_26_202. - 17:34, The Court of Justice's recent case law on the principle of ne bis in idem (Case C-117/20, bpost SA v Autorité belge de la concurrence): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62020CJ0117. - 20:22, The EDPB's work in fleshing out the notion of anonymisation: https://www.edpb.europa.eu/our-work-tools/our-documents/topic/anonymization_en. Key moments 00:00 Introduction to Data Protection and DMA01:20 Interplay Between GDPR and DMA08:12 Consultation and Cooperation Among Regulators15:03 Enforcement Fragmentation Risks22:38 AI Integration with DMA and GDPR

Join me in a brief talk around the analysis of AI within the DMA framework, where I build on my previous research surrounding whether an AI CPS must be added or how to meter AI technologies into the ex ante regulation.To celebrate the 1000th download of my paper 'Generative AI in Check: Gatekeeper Power and Policy Under the DMA', I invite you to read it on SSRN here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5025742. Throughout the talk, I touch upon different developments that guide the EC's analysis of AI under the DMA. Click and go directly to them through the links below: - 04:03, The European Commission proposes draft implementation measures in relation to interoperability with Android OS features necessary to power AI: https://digital-markets-act.ec.europa.eu/developer-portal/interoperability_en. - 04:39, The European Commission proposes draft implementation measures to narrow down compliance with Article 6(11) DMA on search data: https://digital-markets-act.ec.europa.eu/dma100209-consultation-proposed-measures-google-search-data-sharing_en. - 07:38, Meta's decision to scrape data from its Facebook and Instagram services to feed it into its LLM: https://about.fb.com/news/2025/04/making-ai-work-harder-for-europeans/.- 08:06, My opinion on such conduct as applied to Article 5(2) DMA: https://legalblogs.wolterskluwer.com/competition-blog/the-higher-regional-court-cologne-barks-up-the-wrong-data-tree-the-courts-interpretation-of-article-52b-dma-in-the-meta-ai-case/.- 08:22, The Higher Regional Court of Cologne's dismissal of an interim injunction in the case (available in German): https://nrwe.justiz.nrw.de/olgs/koeln/j2025/15_UKl_2_25_Urteil_20250523.html.- 12:10, The Regional Court of Munich granted the requested preliminary injunction and prohibited Google from disseminating statements about publishers in AI-generated summaries: https://www.gesetze-bayern.de/Content/Document/Y-300-Z-BECKRS-B-2026-N-11860?hl=true. - 17:14, For more information on Amazon's Rufus and its interaction with the DMA, see my comment on their compliance workshop here: https://legalblogs.wolterskluwer.com/competition-blog/amazons-second-dma-compliance-workshop-the-power-of-no-where-the-balance-should-land/.- 17:25, The European Commission's Amazon Buy Box case: https://competition-cases.ec.europa.eu/cases/AT.40462. - 18:59, My analysis on gatekeeper designation and the use of delineation: https://doi.org/10.1093/joclec/nhae011. Key moments00:00 Introduction to DMA and AI Integration02:15 Policy Options for AI Enforcement04:10 Transformations in Market Dynamics06:30 AI Features and Gatekeeper Services08:40 Challenges of Data Regulation10:23 The Evolution of Search with AI15:38 Regulatory Implications of AI Overviews19:34 Future of AI and DMA EnforcementTo 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/

This interview with Dr. Anselm Küsters explores the EU's Tech Sovereignty Package, focusing on sovereignty as a capacity to act and the role of open source in fostering resilience and competition in Europe's digital infrastructure.The Tech Sovereignty Package we discuss throughout the conversation can be found here: https://ec.europa.eu/commission/presscorner/detail/en/ip_26_1187. During the conversation, Anselm and I also raised several developments and sources that can be useful to understand the EU's broader sovereignty strategy. Click on them below to go to them directly: - 00:23, The Draghi report: https://commission.europa.eu/topics/competitiveness/draghi-report_en. - 01:08, Dr Küsters' work on sovereignty as a precondition for openness: https://www.researchgate.net/publication/351046050_The_Fight_for_Digital_Sovereignty_What_It_Is_and_Why_It_Matters_Especially_for_the_EU. - 01:34, Dr. Küsters' initial assessment of the Tech Sovereignty Package, co-authored with Phillip Eckhardt and Dr. Matthias Kullas: https://www.cep.eu/eu-topics/details/eu-tech-sovereignty-package.html. - 01:52, The German approach towards sovereignty: https://www.bmftr.bund.de/SharedDocs/Publikationen/DE/FS/1086286_Rahmenprogramm_FITS2030_en.pdf?__blob=publicationFile&v=6. - 01:55, An analysis of Carl Schmitt's definition of sovereignty: https://lup.lub.lu.se/search/files/90975147/CarlSchmittsDefinitionofSovereignty.pdf. - 04:05, The EU's 2020 Data Strategy: https://digital-strategy.ec.europa.eu/en/policies/strategy-data. - 06:23, Reporting on the EC's potential issuing of equivalence decisions to US hyperscalers: https://www.euractiv.com/news/commissions-sovereign-cloud-plan-doesnt-push-us-hyperscalers-out/. - 07:49, Dr. Küsters' work on 'Coping with the Digital Trilemma? Trade-Offs and Risks in EU Digital Policy', co-authored with Cecilia Emma Sottilotta: https://doi.org/10.1002/epa2.70023. - 10:41, W.B. Gallie on 'Essentially Contested Concepts': https://www.jstor.org/stable/4544562. - 12:28, Dr. Küsters' Small is Beautiful 2.0 book (available in German): https://www.herder.de/geschichte-politik/shop/p4/93614-small-is-beautiful-20-klappenbroschur/. - 13:46, A summary in English of the Small is Beautiful 2.0 printed publication: https://commongroundeurope.eu/blog/small-is-beautiful-2-0-how-digital-decentralisation-can-strengthen-democracy/. - 13:50, Dr. Küsters' weekly Substack, The Small Signal: https://anselmkuesters.substack.com/. - 15:08, The EU's Digital Wallet: https://ec.europa.eu/digital-building-blocks/sites/spaces/EUDIGITALIDENTITYWALLET/pages/694487738/EU+Digital+Identity+Wallet+Home.- 17:36, Research on open source demonstrating that it reduces security risks: https://dl.acm.org/doi/10.1145/3736426.3736467. - 17:48, Linus's Law, coined by Eric S. Raymond in his book The Cathedral and the Bazaar, means that if a codebase is visible to a large community of developers and users, problems will be identified and fixed quickly.- 18:27, Feasibility study on funding needed for open source maintenance: https://eu-stf.openforumeurope.org/wp-content/uploads/2025/08/EU-STF-Feasibility-Study_final.pdf. - 18:33, The European Competitiveness Fund: https://commission.europa.eu/publications/european-competitiveness-fund_en.Key moments00:00 Introduction to EU's Tech Sovereignty Package03:54 Understanding Sovereignty in the Digital Sphere07:41 The Four Tiers of Sovereignty10:24 Trade-offs in EU Digital Policy13:12 Open Source and Democratic Resilience16:27 The Importance of Open Source for CompetitivenessTo 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.

This episode features Tim Cowen, discussing the impact of AI Overviews on market competition and news publishers. Tim presents the legal complaints and expertise he has rendered to competition authorities and agencies surrounding market suppression tactics, which can potentially be analysed as competition harms.The episode was recorded before the CMA issued its conduct requirements relating to Google's AI Overviews under the DMCCA, see here: https://assets.publishing.service.gov.uk/media/6a1f0098b95db968c8f3bdb9/Publisher_CR_final_decision.pdf. Throughout the conversation, Tim touched upon different tenets of enforcement that have been taking place surrounding Google's position in search. Click on them directly below: - 01:35, Google's introduction of Bard in 2023: https://blog.google/innovation-and-ai/technology/ai/bard-google-ai-search-updates/. - 01:49, The French competition authority intervenes by fining Google relating to the use of publisher content: https://www.autoritedelaconcurrence.fr/en/article/related-rights-autorite-fines-google-eu250-million. - 02:48, The European Commission's Google Shopping decision: https://competition-cases.ec.europa.eu/cases/AT.39740. - 03:07, The Court of Justice's ruling in Android Auto (actioned by Enel's service, JuicePass): https://infocuria.curia.europa.eu/tabs/document?source=document&docid=295687&doclang=en. - 08:53, Judge Mehta decides that AI is a separate product from search: https://www.npr.org/2025/09/19/nx-s1-5538073/google-search-antitrust-data-privacy. - 10:19, The European Commission triggered a non-compliance procedure against Google's site reputation abuse policy: https://digital-markets-act.ec.europa.eu/commission-opens-investigation-potential-digital-markets-act-breach-google-demoting-media-publishers-2025-11-13_en. - 11:23, Bauer Media announces major digital restructure with respect to Heat and Grazia magazines: https://digiday.com/media/bauer-media-group-slashes-publishing-headcount-in-company-wide-restructure/. - 12:41, The Daily Mail reported a +70% decline in click-through rates due to the introduction of AI Overviews: https://digiday.com/media/daily-mail-says-google-ai-overviews-have-killed-click-throughs/. - 13:36, Pew Research Center research on AI Overviews: https://www.pewresearch.org/short-reads/2025/07/22/google-users-are-less-likely-to-click-on-links-when-an-ai-summary-appears-in-the-results/. - 13:36, Enders Analysis research on AI Overviews: https://www.endersanalysis.com/reports/publishers-invisibility-problem-organic-traffic-under-pressure. - 13:36, MIT research on AI Overviews: https://www.mitsloanme.com/article/how-googles-near-accurate-ai-overviews-fuel-misinformation/. - 13:49, Google announces that it will roll out more AI Overviews: https://blog.google/products-and-platforms/products/search/search-io-2026/. - 14:15, SparkToro reporting on the zero-click world: https://sparktoro.com/blog/in-a-zero-click-world-traffic-is-a-terrible-goal/. - 16:41, Judge Mehta rules AI Overviews conduct as out of scope: https://www.brookings.edu/articles/google-decision-demonstrates-need-to-overhaul-competition-policy-for-ai-era/. - 26:15, Impact of AI on jobs in the UK: https://www.gov.uk/government/publications/assessment-of-ai-capabilities-and-the-impact-on-the-uk-labour-market/assessment-of-ai-capabilities-and-the-impact-on-the-uk-labour-market. Key moments00:00 Introduction to AI Overviews and Competition Law01:22 The Complaint Against Google: Background and Context10:49 Google's Defense and the Impact on Publishers16:28 Global Regulatory Landscape and the Role of Authorities23:19 Proposed Remedies and the Future of CompetitionTo learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com.

This interview with Frédéric Marty explores the economics of digital platforms, competition law, and the impact of AI on market dynamics. It offers insights into the DMA and platform dependencies that shape the ordoliberal belief in the goals of competition. In the conversation, Fred touched upon a couple of rulings and pointed to a few of his recent research outputs. Click on those directly below: - 04:24, Sai Krishna Kamepalli, Raghuram G. Rajan, and Luigi Zingales' work on the kill zone: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3555915. - 10:20, The Court of Justice's recent Android Auto ruling (Case C-233/23): https://infocuria.curia.europa.eu/tabs/document?source=document&docid=295687&doclang=en. - 11:02, The traditional requirements for refusal to supply in EU competition law, Bronner (Case 7-97): https://infocuria.curia.europa.eu/tabs/affair?lang=en&sort=AFF_NUM-DESC&searchTerm=%22C-7%2F97%22&publishedId=C-7%2F97. - 14:11, Fred's paper alongside Patric Bougette and Oliver Budzinski on 'Ex-ante versus Ex-post in competition law enforcement: Blurred boundaries and economic rationale': https://doi.org/10.1016/j.irle.2025.106264. - 17:25, The French competition authority's report on cloud: https://www.autoritedelaconcurrence.fr/en/press-release/cloud-computing-autorite-de-la-concurrence-issues-its-market-study-competition-cloud. - 18:00, Data egress fees are charges from cloud providers (like AWS, Google Cloud or Azure) for transferring data out of their network or to another region. - 18:40, Fred's work co-authored with Thierry Warin on 'Digital Platforms' Information Concentration: From Keystone Players to Gatekeepers': https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3753779. - 21:17, The "Chevalier de la Palice" (Jacques II de Chabannes) was a 16th-century French nobleman and military commander. Following his death, his grieving troops composed a song in his honor. However, a famous line on his tombstone; "If he weren't dead, he would still be envied" ("S'il n'était pas mort, il ferait encore envie"), was misread centuries later as: "If he weren't dead, he would still be alive" ("S'il n'était pas mort, il serait en vie"). This is where the French word lapalissade (and the English derivative "lapalissian") comes from.- 25:19, Teodora Groza's PhD thesis on 'Governing Innovation: Antitrust and the Organization of Industry': https://sciencespo.hal.science/tel-05379990. 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.

This in-depth interview with Nicolas Petit explores the European Commission's draft Merger Guidelines, focusing on dynamic competition, resilience, innovation, and the evolving analytical framework in merger review. Gain insights into how these changes could impact competition law and industrial policy.Find the Draft Merger Guidelines that we discussed throughout the episode here: https://competition-policy.ec.europa.eu/document/download/46dde10f-85c1-4590-a3f4-2b71f85685ef_en?filename=Merger%20Guidelines%20-%20final%20for%20public%20consultation.pdf. In the episode, we referenced paragraphs of the Guidelines (find the transcriptions below) and some other developments. Click on the links below to access them directly: - 00:17, The Horizontal 2004 Merger Guidelines: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52004XC0205(02). - 00:21, The Non-Horizontal 2008 Merger Guidelines: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52008XC1018(03). - 05:42, Footnote 18 of the Draft Guidelines defining resilience: "the readiness and ability of the internal market or part of it to continue servicing customers and to anticipate, withstand and recover from serious shocks". - 08:35, Paragraph 25 of the Draft Guidelines: "If the merging parties consider that the merger gives rise to efficiencies, as part of their prospective analysis, they must articulate and substantiate, in due time, a ‘theory of benefit’. A theory of benefit sets out how specific merger efficiencies occur and maintain or enhance effective competition, to the benefit of consumers (...)". - 13:56, Paragraph 64 of the Draft Guidelines: "Market shares – especially those based on the previous year – may not fully reflect a firm’s market power (...)". - 14:06, Paragraph 80 of the Draft Guidelines: "In some industries or markets, a static assessment of market power does not fully capture a firm’s competitive strengths and weaknesses from a dynamic perspective. (...) In these cases, the Commission also considers various other factors to assess the influence on the competitive process that a firm may have (‘dynamic competitive potential’)". - 14:13, The moligopoly hypothesis: https://academic.oup.com/book/33503/chapter/287809787.- 14:28, Paragraph 101 of the Draft Guidelines: "In its competitive assessment, the Commission considers all competitive constraints faced by the merged firm irrespective of whether they arise from inside or outside the relevant market. Products that do not exert a sufficient competitive constraint on the merging firms’ products to belong to the same relevant market (out-of-market constraints) may still play an important role in the assessment of market power". - 16:59, Farrell and Shapiro's work on unilateral effects: https://faculty.haas.berkeley.edu/shapiro/alternative.pdf. - 17:02, Ivaldi, Rey and Tilore on tacit collusion and non-coordinated effects (https://www.tse-fr.eu/sites/default/files/medias/doc/wp/2003/tacit_collusion.pdf) and Steve Davies (https://publications.aston.ac.uk/id/eprint/18471/2/Tacit_collusion_firm_asymmetries_and_numbers.pdf).- 17:34, Paragraph 192 of the Draft Guidelines: "In cases where a transaction involves a small innovative company, including a startup, or an R&D project with a dynamic competitive potential, the Commission in principle does not find a SIEC in relation to any theory of harm, including the loss of innovation competition, potential competition, entrenchment and foreclosure (...)". - 22:16, The EC's Dow/DuPont case (https://competition-cases.ec.europa.eu/cases/M.7932) and Illumina/Grail case (https://ec.europa.eu/commission/presscorner/detail/hu/ip_24_1964).- 23:45, Grail fails to develop cancer detection tests: https://www.statnews.com/2026/02/19/grail-cancer-test-galleri-results/.- 24:05, The Dynamic Competition Initiative: https://www.dynamiccompetition.com/.

This interview explores the complex concept of technology-neutral regulation, its benefits, challenges, and hidden costs. Expert Marco Almada discusses how neutrality can obscure technical details, lead to delegation of power, and create legal and practical issues in AI, cybersecurity, and digital markets.Find Marco's LinkedIn profile, where you'll find all of his publications and work on technology neutrality: https://www.linkedin.com/in/marcoalmada/. Marco and I mentioned a few scholarly works and developments surrounding technology neutrality. Click on them directly here: - 03:45, Rebecca Crootof's and B.J. Ard's work on 'Structuring Techlaw': https://scholarship.richmond.edu/law-faculty-publications/1622/. - 05:43, Marco's publication, 'Two Dogmas of Technology-Neutral Regulation': https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4953377. - 06:48, South Korean experience with the adoption of ActiveX in its cybersecurity standards: https://www.forbes.com/sites/elaineramirez/2016/11/30/south-koreas-online-banking-system-is-stuck-in-1996/. - 07:40, South Korea repeals its cybersecurity mandate in 2013: https://carnegieendowment.org/research/2021/08/the-korean-way-with-data-how-the-worlds-most-wired-country-is-forging-a-third-way.- 08:29, The Court of Justice's case law on automated decisions applying the GDPR (Case C-203/22 on the right to explanation): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62022CJ0203.- 11:19, Laura Aade's research on drastic changes to social media platforms: https://law.stanford.edu/transatlantic-technology-law-forum/projects/defining-social-media-platforms-with-e-commerce-features-under-eu-and-us-consumer-law-a-tiktok-case-study/. - 12:35, The European Commission's DMA Article 6(11) proceedings on access to search data: https://digital-markets-act.ec.europa.eu/commission-opens-proceedings-assist-google-complying-interoperability-and-online-search-data-sharing-2026-01-27_en. - 15:08, The proposed reform of the Cybersecurity Act: https://digital-strategy.ec.europa.eu/en/library/proposal-regulation-eu-cybersecurity-act. - 16:30, Recital 15 GDPR reads as follows "In order to prevent creating a serious risk of circumvention, the protection of natural persons should be technologically neutral and should not depend on the techniques used". - 19:20, Paul Ohm's research on the US' surveillance apparatus and technology neutrality: https://www.researchgate.net/publication/256007763_The_Argument_Against_Technology-Neutral_Surveillance_Laws. 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.

Exploring the concept of human in the loop in AI systems, Melanie Fink discusses its practical implications, legal challenges, and the importance of meaningful human oversight to ensure accountability, dignity, and effective decision-making in public authority contexts.Find Melanie's LinkedIn profile here, where you'll find all her work and publications: https://www.linkedin.com/in/melanie-fink-520a23101/.Throughout the episode, we commented on some legal developments that have crystallised and some empirical and scholarly work published on the topic. Click on the link below to access it directly: - 03:00, The AI Act's incorporation of human-in-the-loop as human oversight in Article 14: "1. High-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectively overseen by natural persons during the period in which they are in use. 2. Human oversight shall aim to prevent or minimise the risks to health, safety or fundamental rights that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular where such risks persist despite the application of other requirements set out in this Section (...)". - 08:11, Madeleine Claire Elish's work on 'Moral Crumple Zones': https://estsjournal.org/index.php/ests/article/view/260. - 08:19, Rebeca Crootof's, Margot E. Kaminski and W. Nicholson Price's research on 'Humans in the Loop' documenting the liability sponge-like property of civil servants: https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?params=/context/vlr/article/4845/&path_info=Humans_in_the_Loop__Crootof_Kaminski_Price.pdf. - 09:37, The Spanish competition authority's use of AI systems: https://www.cnmc.es/sites/default/files/editor_contenidos/Notas%20de%20prensa/2021/20210301_NP_SICA_UIE_ENG.pdf. - 15:18, Empirical evidence documenting the existence of cognitive constraints and automation bias when humans make decisions stemming from the use of AI models: https://arxiv.org/html/2509.08514v1. - 21:38, The GDPR's right to an explanation in Articles 13, 14 and 22, as well as the AI Act's Article 86, which reads as: "1. Any affected person subject to a decision which is taken by the deployer on the basis of the output from a high-risk AI system listed in Annex III, with the exception of systems listed under point 2 thereof, and which produces legal effects or similarly significantly affects that person in a way that they consider to have an adverse impact on their health, safety or fundamental rights shall have the right to obtain from the deployer clear and meaningful explanations of the role of the AI system in the decision-making procedure and the main elements of the decision taken (...)". 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.

This episode explores the recent EU Court of Justice ruling on the rights of news publishers, the implications for intellectual property law, and the future of content remuneration in the digital age. Featuring Prof. Eleonora Rosati, a leading IP law expert, we navigate the legal nuances, platform responsibilities, and AI training challenges stemming from the ruling. Find Prof. Rosati's post on the IPKat blog here: https://ipkitten.blogspot.com/2026/05/italian-transposition-of-press.html. And here's the Court of Justice's ruling in full: https://infocuria.curia.europa.eu/tabs/document/C/2023/C-0797-23-00000000RP-01-P-01/ARRET/320668-EN-1-html. A bit more advertising will not hurt, so here's Prof Rosati's OUP book on Copyright and the Court of Justice of the European Union: https://global.oup.com/academic/product/copyright-and-the-court-of-justice-of-the-european-union-9780198885580?cc=es&lang=en&.

In this episode, Rolands Mesters, CEO of BirdyChat, discusses the development of BirdyChat, a European professional messaging app that interoperates with Meta's WhatsApp under the Digital Markets Act (DMA). He shares insights on regulatory impacts, technical challenges, user feedback, and future prospects of interoperability in messaging services.BirdyChat is available on both Android and iOS, available for download here: https://www.birdy.chat/. In the conversation, we touched upon a few regulatory developments. Click directly on them through the following links:- The open banking EU regulation, PSD2 Regulation: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2366&qid=1653045761540&from=EN. - The promise of open banking back in 2022: https://www.worldscientific.com/doi/10.1142/9781800612204_0002?srsltid=AfmBOopz3kCnUvauWcIVoSTB9SoW2PXJLHtlk8nmgrjAoA5eVP_YoP3f. - Meta's Reference Offer relating to its compliance with Article 7 DMA: https://developers.facebook.com/m/messaging-interoperability/. - The European Commission's materials available on its website: https://digital-markets-act.ec.europa.eu/developer-portal_en.

In this episode, Alba Ribera Martínez interviews Todd Davies, a former Google engineer and competition law scholar, about the implications of AI Overviews in Google Search. They explore how AI features are transforming search dynamics, competition concerns, and potential regulatory responses.Find Todd's and Spencer Cohen's paper, Opt-out Remedies Will Not Fix AI Overviews here: https://doi.org/10.1093/jeclap/lpag025. Throughout the conversation, we touched upon a few topics relating to the deployment of AI Overviews on Search. Click on them below to access them directly: - Google's introduction of AI Overviews: https://blog.google/products-and-platforms/products/search/generative-ai-google-search-may-2024/. - Google's experience researchers, often known as User Experience (UX) Researchers, are professionals dedicated to understanding how people interact with technology to build better, more inclusive products for everyone. They conduct in-depth studies, including interviews, surveys, and usability tests, to inform the design and functionality of Google products.- The European Commission's sanctioning of Google for its conduct in the Google Shopping vertical: https://ec.europa.eu/competition/antitrust/cases/dec_docs/39740/39740_14996_3.pdf. - AI Overviews Impact on Traffic: https://www.theguardian.com/technology/2025/jul/24/ai-summaries-causing-devastating-drop-in-online-news-audiences-study-finds. - Click-through rates decrease as a consequence of the introduction of AI Overviews: https://searchengineland.com/google-ai-overviews-hurt-click-through-rates-454428. - European Commission's cases against Google's AI Overviews: https://ec.europa.eu/commission/presscorner/detail/da/ip_25_2964. - The General Court's ruling in the EC's Google Android case, para 1028: https://infocuria.curia.europa.eu/tabs/document?source=document&text=&docid=265421&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=100147. - The relevance of secondary reporting, as illustrated by TV series: https://www.imdb.com/title/tt35615598/. - Grounding in AI is the process of connecting an AI model's abstract, probabilistic language outputs to verified, real-world data and context. It acts as a "reality check" to prevent hallucinations (invented content), ensuring answers are accurate, relevant, and backed by specific information.- Madhavi Singh and Fiona Scott Morton's paper, A Roadmap for a Monopolization Case against Google: Monopsony Power and AI Overviews: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6303280. 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.

In this episode, Dario García de Viedma discusses Mythos, an AI model capable of identifying and exploiting software vulnerabilities autonomously. The conversation explores the risks of AI in cybersecurity, its impact on open source ecosystems, geopolitical dependencies in AI development, and regulatory challenges.Darío published two articles (only available in Spanish) on Anthropic's Claude Mythos at El País (https://elpais.com/tecnologia/2026-05-03/claude-mythos-la-ia-frente-a-la-ciberdelincuencia-a-escala-y-los-limites-de-la-seguridad-nacional.html) and at Real Instituto Elcano (https://www.realinstitutoelcano.org/comentarios/mythos-automatizacion-y-concentracion-de-la-ciberseguridad/). We discussed several developments that have taken place in the field of cybersecurity, namely: - CrowdStrike's upload of a faulty content update, triggering a global IT outage affecting approximately 8.5 million Windows devices: https://www.bbc.com/news/articles/cpe3zgznwjno. - Anthropic's Project Glasswing to distribute thousands of tokens across private actors: https://www.anthropic.com/glasswing. - 70-90% of software applications depend on open source components: https://www.linuxfoundation.org/blog/blog/a-summary-of-census-ii-open-source-software-application-libraries-the-world-depends-on. - Anthropic has already provided access to the Pentagon with access to Mythos: https://cryptobriefing.com/pentagon-pushes-ai-first-strategy-boosting-anthropic-mythos-prospects/. - AI Security Institute report on Mythos: https://www.aisi.gov.uk/blog/our-evaluation-of-claude-mythos-previews-cyber-capabilities. - The Pax Silica alliance: https://www.state.gov/pax-silica. 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.

This interview explores the complex challenges of protecting children in the digital age, focusing on platform design, legislation, and future strategies for safeguarding young users online, in a conversation with Sørine Vesth Rasmussen.We discussed a few developments surrounding child protection online. You can skip directly to any one of them through the links below: - Mark Zuckerberg recognising that Meta is in the ads business: https://www.yahoo.com/entertainment/mark-zuckerberg-gives-orrin-hatch-quick-explainer-facebook-202404519.html.- Study showing that 50% of Danish children had their own social media profile before they turned the age of 10: https://bornsvilkar.dk/wp-content/uploads/2025/10/Rapport-engelsk-v2.pdf.- A report on how much social media makes for each Danish child: https://copenhageneconomics.com/publication/big-tech-revenue-children-denmark/.- The impact of social media use on children (i.e., on the development of their prefrontal cortex): https://www.nature.com/articles/s41598-024-63566-y. - The DSA Article 28 Guidelines on protection of minors: https://digital-strategy.ec.europa.eu/en/library/commission-publishes-guidelines-protection-minors. - The Spanish Government's proposal of a law to ban social media for minors below 16: https://www.lamoncloa.gob.es/lang/en/presidente/news/paginas/2026/20260203-world-governments-summit.aspx.- The EU announces new verification technology, such as digital wallets and ID scans: https://digital-strategy.ec.europa.eu/en/library/commission-sets-out-common-approach-eu-wide-age-verification-technologies.- Report showing that half of the content on large digital platforms has commercial intent: https://commission.europa.eu/publications/behavioural-study-advertising-and-marketing-practices-social-media_en. - Discussions on social media bans in Denmark (https://www.biometricupdate.com/202604/denmark-imposes-age-checks-to-restrict-social-media-to-kids-under-15), Greece (https://www.bbc.com/news/articles/ckgx1x742x5o) and Portugal (https://www.euronews.com/next/2026/02/13/portugal-green-lights-restrictions-for-social-media-access-for-children-under-16). - The Jutland Declaration states that Member States want an age limit for social media: https://danish-presidency.consilium.europa.eu/en/news/eu-ministers-united-minors-must-be-protected-better-online/. - The Australian approach towards protecting children online: https://www.pm.gov.au/media/protecting-children-digital-age. 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.

I discussed with Giovanni De Gregorio the enforcement challenges surrounding the EU's AI Act, the impact of digital regulation, and the role of codes of conduct in ensuring compliance and predictability in AI and platform regulation.In our conversation, Giovanni highlighted a few developments relating to the DSA and the AI Act decision and policy-making action in the EU. You can visit them directly here: - The EU's digital omnibus simplification strategy: https://digital-strategy.ec.europa.eu/en/library/digital-omnibus-regulation-proposal. - The Court of Justice's Meta ruling on the principle of close cooperation: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62021CJ0252. - The EDPS' proposal of a Digital Clearinghouse 2.0: https://www.edps.europa.eu/data-protection/our-work/subjects/digital-clearinghouse-20_en. - Giovanni's book on Digital Constitutionalism in Europe: https://www.cambridge.org/core/books/digital-constitutionalism-in-europe/A3F61C6368D17D953457234B8A59C502. - The European Commission's preliminary findings on the addictive design of TikTok: https://digital-strategy.ec.europa.eu/en/news/commission-preliminarily-finds-tiktoks-addictive-design-breach-digital-services-act.- The Code of Practice on Disinformation (2022): https://digital-strategy.ec.europa.eu/en/policies/code-practice-disinformation. - The General-Purpose AI Code of Pratice: https://digital-strategy.ec.europa.eu/en/policies/contents-code-gpai.- First Draft Code of Practice on Transparency of AI-Generated Content: https://digital-strategy.ec.europa.eu/en/library/first-draft-code-practice-transparency-ai-generated-content. - Giovanni's work alongside Pietro Dunn on 'The European risk-based approaches: Connecting constitutional dots in the digital age': https://kluwerlawonline.com/journalarticle/Common+Market+Law+Review/59.2/COLA2022032. 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.

This interview explores how digital platforms act as quasi-governmental actors, transforming sovereignty, authority, and security in the international order. Lisandro Licari discusses the implications of technological power, hybrid governance, and strategies for national strategic autonomy in a rapidly changing geopolitical landscape.If you're interested in reading Lisandro's work on the topic, see here: https://www.researchgate.net/publication/403078298_Tecnologia_y_poder_en_el_siglo_XXI_La_reconfiguracion_de_la_soberania_la_autoridad_y_la_seguridad_en_la_era_de_las_grandes_tecnologicas?channel=doi&linkId=69c25aea3c618943066a37c6&showFulltext=true. In our conversation, we also commented on a few developments surrounding the topic of sovereignty. You can visit them directly here: - 13:21, The US and UK detach their 5G network from Huawei: https://time.com/5866643/uk-huawei-5g-ban/.- 14:37, Brazil's judiciary meets social network X: https://www.bbc.com/news/articles/c5y3rnl5qv3o.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.

In this interview, with Amazon's Chris Meyers, Associate General Counsel in EU Competition Law at Amazon, we discussed the implications of the Bundeskartellamt's most recent case against it, sanctioning its price-gouging mechanisms as hindering competition and harming consumers. The public version of the decision has not been made available yet, but the German competition authority published a press release noting a few of its main tenets, find it here: https://www.bundeskartellamt.de/SharedDocs/Meldung/EN/Pressemitteilungen/2026/26_02_05_Amazon.html?nn=48916. Amazon's official position, once the Bundeskartellamt issued the press release can be found in the following link: https://www.aboutamazon.de/news/company-news/amazon-preismechanismen. **Chris also wishes to note that the case was primarily based on Section 19a, but also includes 102, where it is clear that competitive harm and the consumer welfare standard should be applied.In our conversation, we also commented on a few developments and remarks coming from the European Commission and the FCO, find them below directly: - 00:26, The Bundeskartellamt triggers its first MFN case in 2013: https://www.bundeskartellamt.de/SharedDocs/Meldung/EN/Pressemitteilungen/2013/26_11_2013_Amazon-Verfahrenseinstellung.html?nn=219148. - 03:08, The FCO's designation of Amazon as an undertaking with paramount significance across markets abiding by the terms of Section 19a GWB: https://www.bundeskartellamt.de/SharedDocs/Meldung/EN/Pressemitteilungen/2022/06_07_2022_Amazon.html?nn=219148. - 06:35, Former Commissioner Vestager highlights that the DMA is passed to enhance the single market: https://www.reuters.com/technology/tech-rules-not-just-few-giants-eus-vestager-says-2021-07-02/. - 07:08, Current chair of the Bundeskartellamt points out the German competition authority's enforcement against Amazon relied on a "thin line" with regard to its overlap with the DMA: https://www.mlex.com/mlex/articles/2446713. - 08:47, Amazon's previous encounter with the Italian competition authority on the issue of MFNs: https://en.agcm.it/en/media/press-releases/2021/12/A528. Key moments00:00 The Amazon Case and the German competition authority's enforcement02:49 The Investigation Timeline and Regulatory Shift04:22 Overlap Between Section 19(a) and DMA06:58 Conflicting Goals of EU Regulations08:20 The German Case and Theory of Harm10:34 Disgorgement of Economic Benefits and Legal Challenges14:11 Reconciling Economic Benefits and Regulatory EnforcementTo 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.She specifically wrote about the case on the latest issue of the DMA Agora: https://www.linkedin.com/pulse/bee-bundeskartellamts-bonnet-amazon-fined-its-price-ribera-mart%C3%ADnez-0vefe/?trackingId=n1nLv%2F2%2FTfycFLA%2BwxWjJw%3D%3D.

In this conversation, we discuss the European Commission's recent specification proceedings against Google under the Digital Markets Act (DMA), which touches upon its AI features. We explore the implications of vertical interoperability, the role of operating systems in AI development, and the challenges of ensuring fair competition in the rapidly evolving AI landscape. The discussion highlights the need for regulatory measures to prevent monopolisation and promote contestability in digital markets, particularly as AI technologies continue to advance.Throughout the conversation, we also remark on the European Commission's previous specification proceeding, brought against Apple under the vertical interoperability obligation. You can find it here: https://digital-markets-act.ec.europa.eu/commission-starts-first-proceedings-specify-apples-interoperability-obligations-under-digital-2024-09-19_en.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.

In this conversation, we talked through the implications of Article 6(11) of the Digital Markets Act (DMA) and its impact on data access for search engines, particularly focusing on Google's compliance and the competitive landscape. The discussion highlights consumer behaviour in search engine usage, the challenges posed by Google's dominance, and the procedural aspects of implementing the DMA. Key themes include the negotiation dynamics between Google and access seekers, the role of AI chatbots in data access, and the future of search engines in a rapidly evolving digital environment.Jasper recently published: 1. A paper on Article 6(11) DMA, to be found here: https://core.lexxion.eu/data/article/20576/pdf/core_2025_04-005.pdf.2. His book on 'Regulating Competition in the Digital Network Industry': https://www.cambridge.org/core/books/regulating-competition-in-the-digital-network-industry/0E8D7AB947EBF0209BA264AC051D38F6.Throughout the conversation, we also remarked on a few developments surrounding the application of Article 6(11) DMA, see them here by directly navigating:- 00:05, The European Commission's triggering of specification proceedings: https://ec.europa.eu/commission/presscorner/detail/en/ip_26_202.- 03:40, The remedies in the DOJ's case against Google: https://www.justice.gov/opa/pr/department-justice-wins-significant-remedies-against-google.- 05:10, Google's approach towards Article 6(11) compliance: https://storage.googleapis.com/transparencyreport/report-downloads/pdf-report-bb_2024-3-7_2025-3-6_en_v1.pdf.- 06:46, Apple's specification proceedings on Article 6(7) DMA: https://ec.europa.eu/competition/digital_markets_act/cases/202538/DMA_100203_1809.pdf.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.

In this episode, I explore the challenges of regulating AI in the context of data monopolists and the inadequacies of traditional regulatory frameworks. It argues for a shift towards computational techniques that can enhance market contestability while preserving innovation. You'll find the fully-fledged paper on SSRN, available here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5686284. 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.

Happy New Year to all! Today, I wanted to share a few thoughts for those who will be working harder through the academic year, the PhDs. In less than 10 minutes, I summarise the main takeaways that I would give to any PhD student facing four years (or more) of research, writing, and conferencing. Let me hear your thoughts on the comments section below, by sharing your own PhD experience or addressing additional questions (if I have not covered those). Feel free to contact me on LinkedIn via DM, if you'd like to remain anonymous. It would be great to have enough questions/comments to prepare a follow-up video covering any additional worries. 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.

In this conversation, Filippo Lanceri discusses the evolving landscape of legal tech and digital enforcement, focusing on the differences between public and private enforcement in antitrust law, particularly in the context of the EU and US. He delves into the implications of the recent Meta case, the rise of private enforcement under the Digital Markets Act (DMA) in Europe, and the geopolitical dynamics influencing antitrust regulations. The discussion emphasizes the need for a balanced approach to innovation and regulation in the digital economy.Throughout the conversation, we addressed some developments that have taken place both in the EU and the US with regard to digital public and private enforcement. Click below to find those moments directly in the conversation:- 03:20, The private enforcement case brought by the 'Swifties': https://www.reuters.com/legal/government/taylor-swift-ticket-buyers-can-press-ahead-with-live-nation-lawsuit-2025-11-24/. - 04:12, The FTC's Meta case: https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2020cv03590/224921/693/.- 06:31, Judge Boadsberg dismisses a major part of the FTC's case against Meta: https://www.ftc.gov/system/files/documents/cases/073_2021.06.28_mtd_order_memo.pdf.- 07:07, The precedent to the FTC's Meta case, the Microsoft case: https://law.justia.com/cases/federal/appellate-courts/F3/253/34/576095/. - 8:00, Mark Zuckerberg's email 'it's better to buy, than to compete': https://www.ftc.gov/system/files/documents/cases/051_2021.01.21_revised_partially_redacted_complaint.pdf. - 8:32, The US' attempt to ban TikTok: https://www.theverge.com/23651507/tiktok-ban-us-news. - 09:37, The FTC's evidence proves that Meta generated $160 billion in revenue and $87 billion in operating profits: https://www.ftc.gov/system/files/ftc_gov/pdf/692-22025.09.30FederalTradeCommission%27sPost-TrialFindingsofFactREDACTED%28002%29.pdf.- 12:08, The Mainz Regional Court's ruling relating to the DMA's private enforcement: https://www.heise.de/en/news/Android-setup-Regional-court-prohibits-Google-from-favoring-Gmail-10590061.html.- 13:33, The DOJ's case against Apple: https://www.justice.gov/archives/opa/pr/justice-department-sues-apple-monopolizing-smartphone-markets. - 14:51, The Georgetown Private Antitrust Litigation project, based on work from the late 80s: https://mitpress.mit.edu/9780262231312/private-antitrust-litigation/. - 17:01, Obama officials confirming that no monopolies existed in the US: https://www.politico.com/story/2012/08/barack-obama-trustbuster-079796.- 17:26, The US administration asks for the tempering down of EU digital rules in exchange for lowering tariffs: https://www.euronews.com/business/2025/11/24/us-to-cut-steel-tariffs-only-if-eu-agrees-to-soften-digital-rules-enforcement-in-return. - 15:59, The 2019 Stigler Committee on Digital Platforms Report: https://www.chicagobooth.edu/research/stigler/news-and-media/committee-on-digital-platforms-final-report. - 19:12, Filippo's new article co-authored with Laura Edelson and Stefan Becthold, 'AI Regulation: Competition, Arbitrage & Regulatory Capture': https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5049259. - 20:24, Tomaso Valetti's post on Promarket, 'What Have the Consultants Ever Done for Us?': https://www.promarket.org/2024/02/28/what-have-the-consultants-ever-done-for-us/. - 24:51, Ramsey Woodcock's paper, 'The Hidden Rules of a Modest Antitrust': https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=4359&context=mlr. 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.

In this conversation, Konstantinos Stylianou discusses the implications of the Court of Justice's ruling on Android Auto, focusing on competition law, the distinction between open and closed platforms, and the evolving landscape of digital markets. The discussion highlights the challenges and opportunities presented by the ruling, particularly in relation to the refusal to deal doctrine and its impact on competition authorities and the DMA. To read Konstantinos' paper on the ruling, see here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5171789. Throughout the episode, we discussed the following developments in the area of digital markets. Visit them directly by accessing their direct links below: - 01:02, The Court of Justice's ruling relating to Android Auto (Case C‑233/23): https://curia.europa.eu/juris/document/document.jsf?text=&docid=295687&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=725050. - 04:53, The Italian competition authority's decision sanctioning Google's conduct: https://en.agcm.it/en/media/press-releases/2021/5/A529. - 07:02, The General Court's Microsoft case (Case T-201/04): https://curia.europa.eu/juris/document/document.jsf?text=&docid=62940&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=11466742. - 09:51, The Court of Justice's Bronner landmark ruling (Case C-7/97): https://curia.europa.eu/juris/liste.jsf?language=en&num=C-7/97.- 10:10, The General Court's ruling on Google Android (Case T-604/18): https://curia.europa.eu/juris/liste.jsf?lgrec=fr&td=;ALL&language=en&num=T-604/18&jur=T.- 10:11, The General Court's ruling on Google Shopping (Case T-612/17): https://curia.europa.eu/juris/document/document.jsf?text=&docid=250881&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=11469981. - 24:31, Advocate General Medina's opinion on Android Auto: https://curia.europa.eu/juris/document/document.jsf?text=&docid=289827&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=11477068.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/.

This conversation considers the European Commission's non-compliance procedure against Google, focusing on the implications of the site reputation abuse policy on news publishers. The discussion highlights the challenges faced by traditional media in the digital landscape, the evolving monetization strategies, and the regulatory responses aimed at ensuring fairness in the digital marketplace. By discussing with Dr. Małgorzata Kozak she provides insights into the complex relationship between digital platforms and news publishers, emphasizing the need for a balanced approach to protect quality journalism.In the discussion with Dr. Kozak, she touches upon different developments and research on digital news. Visit those references by directly clicking on the links below:- 00:30, The European Commission's opening of a non-compliance procedure against Google: https://ec.europa.eu/commission/presscorner/detail/en/ip_25_2675. - 01:02, Google's introduction of its site reputation abuse policy: https://developers.google.com/search/blog/2024/03/core-update-spam-policies. - 02:23, Google's change on its policy in November 2024: https://developers.google.com/search/blog/2024/11/site-reputation-abuse?ref=ppc.land#faq. - 03:40, Impact of Google's policy on news publishers by Black Friday: https://www.gsqi.com/marketing-blog/a-nightmare-on-affiliate-street/. - 11:30, 2025 Reuters report on the use of social media as a source of news: https://reutersinstitute.politics.ox.ac.uk/digital-news-report/2025.- 14:20, The French competition authority's remedying the lack of remuneration on snippets: https://www.autoritedelaconcurrence.fr/sites/default/files/integral_texts/2020-06/20-mc-01_en.pdf. - 14:59, The Bundeskartellamt's analysis of self-preferencing conduct of Google News Showcase: https://www.bundeskartellamt.de/SharedDocs/Entscheidung/EN/Fallberichte/Missbrauchsaufsicht/2022/V-43-20.pdf?__blob=publicationFile&v=2.- 15:25, Turkey's news outlet, Duvar, excluded from the market as a consequence of 'Big Tech' conduct: https://bianet.org/haber/independent-news-outlet-gazete-duvar-shutting-down-due-to-financial-difficulties-305365.- 15:54, Meta stops political advertising in the EU: https://about.fb.com/news/2025/07/ending-political-electoral-and-social-issue-advertising-in-the-eu/. - 19:43, Julia Cagé's study on news spreading online: https://juliacage.com/wp-content/uploads/2020/07/Cage-Herve-Viaud-2020.pdf. - 22:42, The Spanish competition authority opened proceedings on conduct impacting news publishers: https://www.cnmc.es/sites/default/files/4613807_0.pdf. - 22:50, Preliminary questions addressed to the Court of Justice by Italian agencies on conduct impacting news publishers: https://eur-lex.europa.eu/eli/C/2024/2139/oj. - 23:00, AG Szpunar's opinion recognising imbalances between digital platforms and news publishers: https://curia.europa.eu/juris/document/document.jsf;jsessionid=4D9D517C3E6972D0087E97B377E80CCB?text=&docid=302390&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=11924750. - 23:12, Australian Bargaining Code: https://www.accc.gov.au/by-industry/digital-platforms-and-services/news-media-bargaining-code/news-media-bargaining-code.- 23:22, Australian Government introduces News Bargaining Incentive: https://ministers.treasury.gov.au/ministers/daniel-mulino-2025/media-releases/news-bargaining-incentive-consultation-paper-released.- 24:01, Canada's Online News Act: https://www.canada.ca/en/canadian-heritage/services/online-news.html.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.

In this episode, Verity Egerton-Doyle discusses the implications of the UK's CMA designating Apple and Google with strategic market status. The conversation explores the potential conduct requirements that may be imposed, the role of AI in competition regulation, and the importance of economic evidence in the CMA's decision-making process. Additionally, the episode delves into the differences between public and private enforcement in competition law, highlighting the challenges and opportunities that lie ahead for stakeholders in the legal tech space.In the conversation, we touched upon different developments that have happened in the UK surrounding the DMCCA's implementation. We encourage you to visit them directly through the following links: - 01:04, The CMA's designation of Google and Apple for their mobile platforms with Strategic Market Status: https://www.gov.uk/government/news/cma-confirms-apple-and-google-have-strategic-market-status-in-mobile-platforms.- 01:12, The CMA's designation of Google's Search Services with Strategic Market Status: https://www.gov.uk/government/news/cma-confirms-google-has-strategic-market-status-in-search-services.- 02:54, The CMA's indication that it will consult on conduct requirements relating to Google's search services: https://www.gov.uk/government/news/cma-to-investigate-googles-search-services.- 06:58, The CMA's issued Digital Markets Competition Regime Guidance: https://www.gov.uk/government/publications/digital-markets-competition-regime-guidance.- 07:00, The CMA's Intervention Roadmap for Apple (https://assets.publishing.service.gov.uk/media/687f893cf2ecaeb756d0e1e6/Roadmap__Apple_.pdf) and Google (https://assets.publishing.service.gov.uk/media/687f8ab528f29c99778a7455/Roadmap__Google_.pdf). - 07:27, The UK Government's Strategic Steer to the CMA: https://www.gov.uk/government/publications/strategic-steer-to-the-competition-and-markets-authority/strategic-steer-to-the-competition-and-markets-authority.Key moments00:00 Introduction to Legal Tech and Strategic Market Status02:40 Understanding the CMA's Designation Decisions05:01 Implications of Designation on Google and Apple07:04 The Role of AI in Competition Regulation09:07 Economic Evidence in CMA's Decision-Making16:07 Private vs Public Enforcement in Competition LawTo 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.

In this episode, we delve into the concept of fairness in competition policy, particularly in the context of app stores and the application of FRAND conditions. Jorge Padilla discusses the theoretical underpinnings of fairness in economics and competition law, the challenges of implementing FRAND conditions in app stores, and the regulatory perspectives on pricing within the Digital Markets Act (DMA). The conversation highlights the complexities of ensuring fair distribution of value between gatekeepers and app developers, and the implications for consumers and market dynamics.If you're interested in reading Jorge's and Kadambari Prasad, 'Taking Article 6(12) DMA Seriously: FRAND Access Prices for App Stores': https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5261312Throughout the discussion, we touched upon a few papers and tales, to be found in the references below (if you want to skip to them directly):- 1:08, The Law and Economics of Article 102 TFEU, co-authored alongside Robert O'Donoghue: https://www.bloomsbury.com/us/the-law-and-economics-of-article-102-tfeu-9781509940868/.- 3:18, The Shapley value as a means to translate fairness into economics: https://www.rand.org/content/dam/rand/pubs/research_memoranda/2008/RM670.pdf.- 10:11, FRAND conditions applied to price of access to Microsoft's APIs in 2004: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:032:0023:0028:EN:PDF.- 14:09, Google's latest compliance report notes compliance with the FRAND obligation under the DMA (pages 160-162): https://storage.googleapis.com/transparencyreport/report-downloads/pdf-report-bb_2024-3-7_2025-3-6_en_v1.pdf.- 17:51, Isaiah Berlin's dichotomy on foxes and hedgehogs: https://www.jstor.org/stable/j.ctt24hqz8.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.

In this conversation, Victor Fernandes, Commissioner at CADE, discusses the recent amendments to Brazil's competition law aimed at regulating digital markets. The conversation covers the objectives of the new regulation, the establishment of a new regulatory unit, and the balance between speed and legal rigor in enforcement. The discussion also highlights the importance of defining economic agents of systemic relevance and the impact of these changes on digital ecosystems.We mainly addressed the Federal Government's proposal to the Brazilian Congress of an amendment to its competition law introducing rules tackling digital competition: https://www.camara.leg.br/proposicoesWeb/fichadetramitacao?idProposicao=2562481.Throughout the conversation, we also touched upon a few regulatory efforts in other jurisdictions and challenges in Brazilian enforcement. Find them (and skip directly to them) here: - 02:17, First proposal of digital regulation in Brazil (Bill 2768) inspired by the DMA: https://www.camara.leg.br/proposicoesWeb/fichadetramitacao?idProposicao=2337417.- 02:24, Public consultation opened, gathering inputs on digital regulation: https://www.gov.br/participamaisbrasil/concorrencia-plataformas-digitais.- 3:00, CADE's submission on public consultation: https://cdn.cade.gov.br/Portal/centrais-de-conteudo/publicacoes/contribuicoes-do-cade/contribuicoes-cade-ministerio%20fazenda-ingl%C3%AAs.pdf.- 3:14, Current competition law framework in Brazil (Law 12.529): https://www.wipo.int/wipolex/en/legislation/details/17631.- 3:24, The German Section 19a GWB, similar to the Brazilian amendment: https://www.bundeskartellamt.de/EN/Digital_economy/RulesDigital_economy/rulesdigitaleconomy_node.html.- 7:45, The Japanese regulatory efforts in digital markets: https://youtu.be/BoeTbjPKoFE?si=O-Fi1bjz3uLSFfAW.- 7:47, The British approach to digital regulation (the DMCCA): https://youtu.be/iqvYuJ3E2IM?si=4bAoGuoZed6MIGhQ.- 08:35, The report issued by the Minister of Finance on digital markets regulation (advising not to replicate the DMA): https://www.gov.br/fazenda/pt-br/central-de-conteudo/publicacoes/relatorios/sre/digital-platforms-competition-regulatory-recommendations-brazil-en.pdf.- 11:02, The CMA's approach towards Apple and Google in introducing remedies to digital markets: https://competitionandmarkets.blog.gov.uk/2025/07/23/cma-proposes-next-steps-for-improving-mobile-platforms-in-the-uk/.- 15:38, CADE's case against digital platform iFood: https://www.gov.br/cade/en/matters/news/cade-signs-agreement-with-ifood-in-case-involving-exclusivity-deals-in-food-delivery-marketplaces.- 15:40, CADE's case against regional platform Gympass: https://www.gov.br/cade/en/matters/news/cade-maintains-agreement-with-gympass-in-brazilian-health-club-market.- 16:34, Victor Fernandes' approach towards digital ecosystems in his role as Commissioner in CADE: https://www.gov.br/cade/en/matters/news/cade-upholds-interim-measure-against-apple/copy_of_AppleAppealCADEsDecisionEnligshversion.pdf.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.

In this episode, we explore the evolving landscape of competition law, particularly in the context of digital markets. Fernando Castillo de la Torre, Director in the European Commission's Legal Service, shares insights from his extensive experience in competition law and discusses the implications of recent regulatory changes, including the Digital Markets Act (DMA) and the Digital Services Act (DSA). The conversation delves into the differences between traditional competition law and the new frameworks designed to address the unique challenges posed by digital platforms. If you'd like to learn more about Fernando, find his LinkedIn profile (where you'll find his interesting thoughts on legal standards) here: https://www.linkedin.com/in/fernando-castillo-de-la-torre-502aa617b/. All opinions expressed by Fernando on the episode are his own and in no way represent those of the European Commission. Throughout the episode, we mentioned a few landmark cases in the sphere of digital sphere, find them linked here (if you want to jump ahead to them):- 03:40, Microsoft case before the European Commission from the early 2000s: https://competition-cases.ec.europa.eu/cases/AT.37792.- 04:33, The European Commission's decision sanctioning Google for different types of conduct: 1) in 2017, the Google Shopping case: https://competition-cases.ec.europa.eu/cases/AT.39740; 2) in 2018, the Google Android case: https://ec.europa.eu/competition/antitrust/cases/dec_docs/40099/40099_9993_3.pdf; and 3) in 2019, the Google AdSense case: https://ec.europa.eu/competition/antitrust/cases/dec_docs/40411/40411_1619_11.pdf. - 04:37, The 2019 Expert report on competition policy for the digital markets: https://op.europa.eu/en/publication-detail/-/publication/21dc175c-7b76-11e9-9f05-01aa75ed71a1/language-en.- 04:46, Guidelines on the assessment of horizontal (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52004XC0205(02) and vertical (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52008XC1018(03) mergers, as issued in the early 2000s.- 05:17, The European Commission fining Facebook for tying its Facebook Marketplace services: https://ec.europa.eu/competition/antitrust/cases1/202513/AT_40684_10582539_13405_4.pdf.- 07:00, Preliminary reference issued by the Court of Justice on Android Auto: https://curia.europa.eu/juris/document/document.jsf?text=&docid=295687&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=5995951.- 07:39, The Bronner case discussed in Android Auto: https://curia.europa.eu/juris/liste.jsf?language=en&num=C-7/97.- 08:12, The European Commission's prohibition of Booking/eTraveli merger: https://competition-cases.ec.europa.eu/cases/M.10615.- 09:49, The European Commission's fining of Apple for abusive practices in the music streaming market: https://competition-cases.ec.europa.eu/cases/AT.40437.- 12:49, The General Court's issuing of its ruling relating to ByteDance's designation decision: https://curia.europa.eu/juris/liste.jsf?num=T-1077/23.- 13:48, The President of the General Court's order surrounding ByteDance's request for interim measures: https://curia.europa.eu/juris/document/document.jsf?text=&docid=282703&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=17409413.- 16:02, Opera's challenge before the General Court on the non-designation of Microsoft's Edge: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C_202405640.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.

In this episode of The Binary Agora, I discuss the Japanese Smartphone Software Competition Promotion Act (SSCPA), its objectives, compliance requirements, and implications for digital markets. The SSCPA aims to address issues similar to the European Digital Markets Act (DMA) but focuses specifically on smartphones. The presentation covers the regulatory framework established by the JFTC, the obligations imposed on specified software operators, and real-world examples of how these regulations may impact app distribution and competition.You'll find my co-authored piece in Kluwer Competition Law Blog here: https://legalblogs.wolterskluwer.com/competition-blog/the-japanese-smartphone-act-teaching-competition-law-new-tricks/. If you'd like to read more about the digital regulation, subscribe to The DMA Agora: https://www.linkedin.com/newsletters/the-dma-agora-7344021393451184128/.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/

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/

In this episode of The Binary Agora, host Alba engages with Shilpi Bhattacharya, to discuss the evolving landscape of legal tech and digital regulation, particularly in India. They explore significant recent developments in Indian competition law, focusing on two landmark cases involving app store distribution and WhatsApp's data sharing practices. The conversation delves into the implications of these cases for competition law, fairness, and the concept of ecosystems in digital markets, drawing parallels with global regulatory trends.If you're interested in following Shilpi's work: https://www.linkedin.com/in/shilpi-bhattacharya-468332148/We discussed a few cases relating to digital enforcement both in India and the EU. Skip to those moments directly (and find their references below): - 2:28, The CCI's order on the Google Play Store case relating to anti-steering, issued in 2022: https://cci.gov.in/images/pressrelease/en/pr-no-562022-231666698260.pdf.- 2:47, The Appellate Tribunal's ruling on the Google Play Store case: https://www.competitionlawyer.in/google-gets-some-relief-in-google-play-billing-case-in-appeal-nclats-reduces-penalties-and-rejects-ex-ante-regulation-by-cci/.- 9:41, Separate CCI investigation on whether Google's User Choice Billing System constitutes unfair pricing: https://www.business-standard.com/companies/news/cci-terms-google-s-new-billing-system-unfair-orders-investigation-124031501078_1.html.- 11:26, The European Commission's recent anti-steering case related to Apple: https://ec.europa.eu/competition/antitrust/cases1/202419/AT_40437_10026012_3547_4.pdf.- 11:54, The draft Digital Competition Bill proposed by the Indian Government: https://www.medianama.com/wp-content/uploads/2024/03/DRAFT-DIGITAL-COMPETITION-BILL-2024.pdf.- 17:35, Case brought by the German competition authority against Facebook for its processing practices: https://www.bundeskartellamt.de/SharedDocs/Entscheidung/EN/Fallberichte/Missbrauchsaufsicht/2024/B6-22-16.pdf?__blob=publicationFile&v=8.- 17:47, CCI's case against WhatsApp for its updated privacy policy: https://www.cci.gov.in/images/antitrustorder/en/order1732001619.pdf. - 18:34, Supreme Court of India's ruling on WhatsApp case relating to privacy and antitrust interface: https://www.scconline.com/blog/post/2023/02/03/directed-whatsapp-to-widely-publicise-stand-that-its-users-in-india-do-not-have-to-accept-its-2021-privacy-policy-in-order-to-use-mobile-application/.- 19:09, Appellate Court's order to stay some parts of the CCI's decision on the WhatsApp case: https://legal.economictimes.indiatimes.com/news/litigation/nclat-stays-cci-ban-on-whatsapp-data-sharing-experts-weigh-in/117562830.- 23:33, WhatsApp's announcement of its rolling out of Accounts Center to combine personal data across Meta platforms: https://about.fb.com/news/2025/01/whatsapp-joins-accounts-center/.- 24:23, Italian competition authority's case against Google for its aggressive commercial practices relating to data: https://en.agcm.it/en/media/press-releases/2021/11/PS11147-PS11150. - 30:41, Brazilian efforts to pass ex-ante regulation addressing digital markets: https://www.gov.br/participamaisbrasil/concorrencia-plataformas-digitais.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/

In this episode, we explore the intersection of AI and public procurement with Professor Albert Sánchez-Graells. The discussion covers the current state of AI adoption in the public sector, the risks associated with generative AI, the importance of AI literacy for civil servants, and the challenges posed by governance and regulatory frameworks like the EU AI Act. The conversation emphasizes the need for stringent standards in public sector technology and the role of public procurement in shaping digital technologies.If you're interested in following Albert on LinkedIn (and there you'll find his blog 'How to Crack a Nut'): https://www.linkedin.com/in/albert-sanchez-graells/. You'll be able to find Albert's recent book on 'Digital Technologies and Public Procurement: Gatekeeping and Experimentation in Digital Public Governance': https://global.oup.com/academic/product/digital-technologies-and-public-procurement-9780198866770?cc=es&lang=en&.To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com________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/

In this episode, we explore the intersection of legal tech and AI, focusing on the implications of AI partnerships and the flexibility of antitrust tools to address these challenges. Teodora Groza highlights the risks of economic exclusion and the need for regulatory frameworks that can effectively manage AI's impact on competition. The conversation delves into the role of merger control, the limitations of current regulatory approaches, and the future of competition law in the context of AI partnerships.If you're interested in following Teodora Groza on LinkedIn, see here: https://www.linkedin.com/in/teodora-groza/To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com________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/

In this episode of The Binary Agora, the discussion revolves around the evolving landscape of digital market regulations, particularly focusing on the UK's CMA and its new Digital Markets Competition and Consumer Act (DMCCA). The conversation highlights the differences between the EU's DMA and the UK's approach, the implications of AI on these regulations, and the challenges posed by killer acquisitions. If you're interested in following Ronan on LinkedIn (and there you'll find his newsletter, The Critical Friend):   / ronan-scanlan-8707086  To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com________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/theb...BlueSky: https://bsky.app/profile/thebinaryago...TikTok:   / thebinaryagora  Instagram:   / thebinaryagora  

In this episode of The Binary Agora, I discuss the intersection of legal technology and AI regulation, focusing on the challenges posed by AI training data, privacy laws, and the implications of the Digital Markets Act. The video explores the complexities of data scraping, the legal bases for processing personal data, and potential solutions for AI deployers navigating compliance in a rapidly evolving landscape.If you're interested in reading the whole piece, follow this link to the working paper, available on SSRN: https://papers.ssrn.com/abstract=5222181Additionally, if you'd like to know more about Article 5(2) DMA and its relationship with the Digital Markets Act, see here: https://papers.ssrn.com/abstract=4643462Key moments00:00 Introduction to Interplay between AI Training Data and Data Protection02:37 The Impact of Scraping on Privacy and Data Protection05:48 Challenges of AI Training Data and Legal Frameworks08:49 Navigating the European Digital Markets Act11:38 Implications of the DMA on AI Deployers14:23 Potential Solutions for AI Development under Article 5(2) DMA20:09 Potential Solutions to the InterplayTo learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com________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/

In today's episode, I discuss artificial intelligence (AI) and its impacts on education with Dr. Francisco de Abreu Duarte (visiting professor at Católica Global School of Law and CEO at Lexstream). We cover all its tenets, ranging from advice for students facing the challenge of AI - and how not to replicate a chatbot's answers into your essays - to actionable steps and impending questions about the sociological and economic consequences of AGI. Throughout the conversation, we reference a few books, papers, movies (and people!). If you'd like to know more about them, here's a list. - 4:22, Solar storms happen every 100 years: https://www.mpg.de/23854476/solar-superflares-once-per-century - 8:22, Her (2013), a movie directed by Spike Jonze, starring Joaquin Phoenix and Scarlett Johansson.- 10:46, Yuval Noah Harari, and his latest book 'Nexus: A Brief History of Information Networks from the Stone Age to AI' (https://www.ynharari.com/book/nexus/).- 13:23, Hans-Wolfgang Micklitz, who has recently written about 'The Future of the Person (The Future of Private Law)'. - 14:16, Eça de Queiroz, a Portuguese poet and writer, heavily criticised the next generation (aka the 20th-century generation). - 20:24, Yann LeCun, remarking on the millions of data points a human can process vis-à-vis an AI. (https://x.com/ylecun/status/1766498677751787723).- 23:06, Jonathan Haidt, and his most recent book 'The Anxious Generation' (https://www.anxiousgeneration.com/).Key moments00:00 Introduction to Legal Tech and AI in Education.02:18 The Role of Students in AI Integration.06:01 Challenges of AI in Education.10:18 The Importance of Critical Thinking.12:21 The Role of Educators in Adapting to AI.18:01 The Future of AGI and Its Implications.26:57 Gradual Integration of AI in Education.For more information on Dr. Francisco de Abreu's research, we recommend following him on LinkedIn: https://www.linkedin.com/in/francisco-de-abreu-duarte-phd-9669b443/. On top of that, he is currently developing his edutech startup relying on generative AI, Lexstream, available here: https://www.lexstream.io/To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com________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/

The DMA celebrates its second year of application. Since its existence, the regulation has brought changes to the digital space and regulatory unpredictability regarding legal standards and enforcement strategies. It’s, however, a time to reflect on the DMA’s achievements, and there is nothing better to assess than to look out for the developments introduced via the new wave of compliance reports submitted by the designated gatekeepers in early March 2025. Alphabet, Apple, Amazon, ByteDance, Meta and Microsoft issued the non-confidential versions of their compliance reports by the 6th of March. There are still some gaping holes where the enforcer must drill deeper to steer gatekeeper conduct into compliance. Notwithstanding, the compliance reports also demonstrate some responsiveness to the enforcer’s demands in interpreting the regulation’s provisions. Find the Kluwer Competition Law Blog post here: https://competitionlawblog.kluwercompetitionlaw.com/2025/03/31/the-second-wave-of-dma-compliance-reports-hide-seek-and-duck/Key moments00:00 - 06:05 The DMA's reporting obligations06:06 - 08:55 Alphabet's compliance report08:56 - 11:38 Apple's compliance report11:39 - 12:39 ByteDance's compliance report12:40 - 16:56 Meta's compliance report16:57 - 19:05 Microsoft's compliance reportTo learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com________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/

To access the full paper on SSRN, see here: https://papers.ssrn.com/abstract=5121387The Digital Markets Act (DMA) reshapes competition policy in the European Union by prioritising contestability and fairness in digital markets. A crucial aspect of this regulatory shift is the enforcement of vertical interoperability obligations under Article 6(7) DMA. This presentation critically examines the European Commission's preliminary findings on Apple's implementation of these requirements, focusing on the two specification proceedings the Commission has recently launched. The analysis highlights the Commission's efforts to ensure effective interoperability through a multi-dimensional approach, encompassing technical, syntactic, semantic, and organisational aspects. The paper evaluates the legal and practical implications of Apple's compliance measures to flesh out the broader concept of effective interoperability embedded in the DMA. In doing so, the paper identifies several legal principles that inspire an equivalence of input regime, designed by the regulator as stemming from the specification proceedings.Key moments00:00 - 05:32 A description of the DMA05:33 - 15:25 The tenets of vertical interoperability15:26 - 21:57 Specification proceedings21:58 - 26:01 Conclusions: An equivalence of input regimeTo learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website https://www.albariberamartinez.com/________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/