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Clifford Chance

Clifford Chance


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Digital services

The EU Digital Services Act has been published in the Official Journal

The Digital Services Act (DSA), which creates harmonised EU rules for the regulation of intermediary services and illegal online content, has been published in the Official Journal of the European Union on 27 October. The DSA will enter into force on 16 November 2022, 20 days after its publication. The majority of the DSA's provisions will apply from 17 February 2024, although there are exceptions notably for (i) reporting obligations for online platforms and search engines and (ii) providers that are designated as a “Very Large Online Platform” (VLOP) or “Very Large Online Search Engine” (VLOSE) where requirements can start applying earlier.


Digital services regulation in the EU: an evolving landscape

The regulatory landscape for digital services is being fundamentally redefined in the European Union (EU), with a boom in the number of legislative initiatives progressively introduced and increasing extraterritorial reach. This briefing provides a bird's eye view of some of the most recent adopted and pending proposals: the Digital Services Act, the Data Governance Act, the Digital Markets Act, the Data Act, the Cybersecurity Directive (NIS2), the Artificial Intelligence Act and the e-Privacy Regulation.


The Digital Markets Act has been published in the Official Journal

The Digital Markets Act (DMA), the novel regulatory regime for large digital companies - the so-called gatekeepers - has been published in the Official Journal (OJ) of the European Union today. As a result, as provided in the DMA, it will enter into force 20 days after the publication in the OJ, i.e., on 1 November 2022. A limited number of provisions will start applying on this date.


New Antitrust Tools for the Digital Economy in China and the EU—a Comparative view of the Platform Antitrust Guidelines in China and the Digital Markets Act in the EU

This article takes a comparative view of new legislation introduced in China and the EU to deal with antitrust challenges arising from the rapidly evolving digital economy. The authors review the two regimes with respect to legislative background, scope of application, approach to conduct issues and merger control, as well as expectations about future enforcement.


The Google Android European Court Judgment and its Wider Implications

On 14 September 2022, the General Court of the European Union (General Court) largely upheld the European Commission's (EC) 2018 Android Decision (Decision) finding that Google had abused multiple dominant positions in relation to the Android mobile operating system platform in order to strengthen and expand Google's position in web search. The General Court annulled the EC's finding in relation to Google's revenue-sharing agreements (RSAs) and set the amount of the fine imposed on Google at €4.125 billion (reduced by 5% from €4.343 billion).

Media & entertainment

ACCC digital platform services inquiry: implications from the latest interim report for digital platform service providers operating in Australia

In the latest interim report published by the Australian anti-trust regulator (ACCC) as part of its ongoing inquiry into digital platform services, the ACCC recommended a number of reforms to ensure that Australian consumers and small businesses can benefit from continued competition, investment and innovation in digital platform services.


Semiconductor M&A Trends in 2022: Sustained Demand, Supply Chain Risk and Regulatory Scrutiny

The semiconductor industry is in the process of being reshaped by a sustained period of mergers and acquisitions. The past few years have seen hundreds of billions of dollars in transactions across the US, UK, Europe and Asia, and major players have indicated they expect to continue this acquisition streak. This article looks at what is driving this M&A, how the regulators are approaching it and the current microchip supply chain crisis.


The CMA Greenwashing Review – Is this the year of reckoning for the fashion sector?

Eco-fashion" and "sustainable fashion" have become buzzwords amongst fashion retailers in recent years, as consumers have become increasingly aware of sustainability concerns. Shoppers are regularly searching for more environmentally friendly shopping options – a 2021 government survey demonstrated that 52 per cent of UK consumers based their purchasing decisions on a brand's eco-credentials. As a result, fashion brands have been quick to highlight to customers their ethical and eco-credentials, such as announcing initiatives to reduce carbon emissions, releasing "sustainable" ranges, and creating new roles for staff focused on sustainability issues. However, fashion brands, both in the luxury and "fast fashion" sectors, have historically been found to make environmental claims that could be seen as misleading, known as "Greenwashing". Regulators and analysts have been racing to curb exaggerated sustainability claims.


The General Court annuls the 2009 Intel Decision – When are conditional rebates abusive?

The judgment highlights the importance of defendants adducing robust economic evidence to show that their rebates are not capable of foreclosing competition.

Latest podcast


Talking Tech: Asia Pacific Antitrust - Australia

Sydney counsel Rob Tang and senior associate Ryan Draper examine broader trends behind Australia's crucial antitrust developments in the past two years, and key developments to expect over the course of the next year. They will also discuss the impact of such developments on digital tech platforms operating in an intensifying regulatory environment in Australia with increased consumer-driven and anti-competition litigation in the sector.




Extension of Australia's national security investment protections

Our sister Antitrust/FDI blog looks at how an expansion to Australia's critical infrastructure legislation sees an extension to the scope of the foreign investment restrictions applying to national security businesses.


Upcoming events


EVENT: 03 October 2023: Applied ethics and generative AI – challenges and prospects for businesses (In-person – Canary Wharf, London)

The latest session in our Ethics Series, organised in conjunction with the Canary Wharf G30 Conduct and Culture Group and Canary Wharf Multifaith Chaplaincy, will explore the ethical issues for businesses arising from the use of generative AI. The discussion will focus on how to get the best out of the new technology given the various ethical challenges it presents around accuracy, consistency, plagiarism, breach of copyright, data privacy and confidentiality, deep fakes, cyber-attacks, hallucinations and inherent bias. We will also look to the impact on future generations, and the ethical implications of the changes that AI may bring on society.