EU took on Amazon today in what is the first real 'Big Data' case (@vestager choice of words). Some thoughts:

1/ There will be a predictable fight over the market for online retail. Is Amazon the only place to shop? Or indeed the only place online to shop? Google, Facebook.../i
...have all argued they are part of a much wider market (for advertising or finding stuff on the web). This'll happen again, breeding comparisons with offline stores & online alternatives to selling. @EU_Commission has narrowed down to just market for online retail services.../ii
..and it has gone for FR & DE where @amazon is strongest (remember: UK left the EU) & thereby giving itself best shot at finding dominance.

2/ this is all about aggregated used of data. Not some dude at @amazon looking into your dad's online tool shop. It's about Big Data /iii
The allegation is that Amazon Retail gets huge advantage because it benefits from data-driven intel from Amazon Marketplace. Sellers must allow this data to be shared due to a business agreement. The issue is the transfer of this data from one part of Amazon to other /iv
But Amazon probably doesn't see it that way. It is one big company. Not silos. Same goes for other GAFA (think of all of Google's different Gmail, Search, Youtube etc). And there's a question of incentive. Amazon makes more money off 3rd party sellers, than its own sales /v
@vestager explained it other other traders bearing the risk as they hold inventory & present a range of products, attracting consumers & running a business. Then Amazon works out what sells well & wades into that slice of the market, benefitting from the "long tail" of others /vi
And it raises question of what Amazon can do to placate @EU_Competition Stop sharing data between its businesses? Only share certain kinds of data? Make it available to other retailers so they can compete? All new territory & likely to be watched by any online data-gatherer /end

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More from @lewis_crofts

30 Sep
The 'blacklist' of big tech crimes circulating in Bxl is a huge step for the @EU_Commission if it becomes law. Bans on exclusive use of data, bans on exclusive pre-installation of apps, bans on preferential ranking, ban on anti-steering, ban on side-loading. Some thoughts: /1
This is all stuff that has been the subject of antitrust complaints and spats. Sticking this in regulation is bold (these cases are tricky at the best of times) but it certainly sets clear ground rules. Rather than waiting for 15 years of litigation to do so. Tech will say.../2
'If you can't prove that this behavior is illegal & harmful under tech new rules, it's dangerous/unfair/excessive to whack it in a law.' More notable than black list is "grey list": conduct that raises eyebrows but isn't outlawed outright. It needs intervention of regulator /3
Read 5 tweets
29 Sep
StateStreet, Vanguard, BlackRock et al will be nervy. After US research flagged "common shareholdings" in, e.g., airlines might reduce competition, the EU scratched its head & then produced its own research by inhouse science wonks. publications.jrc.ec.europa.eu/repository/bit… It's inconclusive /1
1st, they'll be nervy about being in spotlight at all. It's rare for @EU_Competition to take a step like this. Clear sign that they're on the radar, and EU looking for evidence of how European markets might be affected. Picks sectors such as drinks, oil, electricity, telco /2
But, while the report says common shareholdings are on the rise and can lead to markups, it basically says it's difficult to draw a causal link with competition on the market. There are a load of different factors that play in to that. /3
Read 5 tweets
25 Sep
.@vestager is appealing the Apple/Ireland court loss. At the very least this buys @EU_Competition time to keep up the pressure. Any suggestion that EC's tax/subsidy drive should stop can be countered with "well, it's before the court." But many folk think EC's chances are slim /1
Appeals have to be on law, not fact. But smart lawyers can get round this. EC likely to look at legal concepts of 'arms length principle' (treat companies in same group as if they were not) and 'separate entity approach' (how to deal with separate units in same company. /2
EC says it needs this appeal for its tax planning cases. But EC already got most of the legal certainty it wanted in the judgment. The Apple/Ireland case was about not discharging its duty to the legal standard. Anyway, two more years of this for you lucky people. /3
Read 4 tweets
7 Sep
Big hearing in ECJ today, worth 10s of billions to Spanish companies. Court is looking at how @EU_Competition decided a "goodwill tax amortization" for Spanish companies making foreign acquisitions was tantamount to state aid. Court's questions so far all critical of EC /1
Asking how EC knows what objective of a tax regime is, if it disagrees with MS's own objective; Court working out what the test is for "selectivity" (3-steps) and where the burden of proof falls; Court mainly questioning where the reference system lies. EC says it is 'broad'../2
...situating the measure in overall system, but Spanish companies says it is more narrow (i.e. just financial goodwill, not overall tax system). Judge Wahl wants to know how EC gets to the "correct framework". Says EC has "circular reasoning.../3
Read 5 tweets
9 Jul
Pressure on govts/companies to meet "sustainability goals" has created increasing friction with antitrust law, but @AutoriteitCM in NL moved today to address that. Changing assessment of individual harm (eg higher prices) against greater social good bit.ly/2ANeRug /1
Essentially, antitrust exemptions are tough things to get & so companies are scared of collaborating, even if it's to reduce emissions, make packaging smaller or collectively agree not to source wood from illegal logging sites. ACM says 2 things: ... /2
1) some agreements (eg raising labour standards from suppliers, stopping corruption or child labour) don't affect competition & so no antitrust assessment is needed. Welcome clarity there. /3
Read 7 tweets
8 Jul
Linsey McCallum, top adviser to @vestager since 2014, got earmarked for a new job today: most senior official in @EU_Competition leading #antitrust work. Huge job at times like these with #Amazon #Apple #Facebook & regulatory overhaul in the mix. /1
British official who has worked on most fronts/issues in DG COMP & also in cabinet of Neil Kinnock. Been successful in steering current regulatory agenda (sources say), which has required legal nous & no shortage of political sensitivity (remember Gazprom/Patents/Tax cases?)/2
Obtained German nationality, which no doubt helped smooth any #Brexit jitters about giving such a whopping job to a Brit (Again, I was overlooked for the post. No hard feelings. Might be because I’m not a lawyer, or economist, or EU official, or sensible, or reliable). /3
Read 4 tweets

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