Competition regulation

French antitrust agency looks into Microsoft’s Bing deals

France‘s antitrust agency has launched an investigation into Microsoft over concerns that the company may be degrading search results for smaller rivals using Bing technology in their search-engine products. Microsoft has confirmed its full cooperation with the French regulator, the Autorité de la concurrence, but has not commented further. Although Microsoft does not dominate the general search market, it holds a significant share in the search-engine syndication sector.

The investigation, which was first reported by Bloomberg, could lead to formal charges and a potential fine for the US tech giant if the regulator determines that Microsoft’s actions are anti-competitive. The French competition authority has yet to provide any additional details about the probe. The case could have broader implications for the way major tech firms, including Microsoft, operate in the digital advertising and search-engine markets, potentially influencing how they collaborate with smaller companies.

If the investigation results in a fine or any form of penalty, it would further highlight the ongoing scrutiny of the practices of big tech companies in Europe. With regulators across the continent taking a closer look at the competitive dynamics of the tech sector, the outcome of this case could set a precedent for future antitrust actions within the industry.

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JD Vance takes on Europe’s AI regulations in Paris

US Vice President JD Vance is set to speak at the Paris AI summit on Tuesday, where he is expected to address Europe’s regulation of artificial intelligence and the moderation of content on major tech platforms. As AI continues to grow, the global discussion has shifted from safety concerns to intense geopolitical competition, with nations vying to lead the technology’s development. On the first day of the summit, French President Emmanuel Macron emphasised the need for Europe to reduce regulatory barriers to foster AI growth, in contrast to the regulatory divergence between the US, China, and Europe.

Vance, a vocal critic of content moderation on tech platforms, has voiced concerns over Europe’s approach, particularly in relation to Elon Musk’s platform X. Ahead of his trip, he stressed that free speech should be a priority for the US under President Trump, suggesting that European content moderation could harm these values. While Vance’s main focus in Paris is expected to be Russia’s invasion of Ukraine, he will lead the American delegation in discussions with nearly 100 countries, including China and India, to navigate competing national interests in the AI sector.

Macron and European Commission President Ursula von der Leyen are also expected to present a new AI strategy, aimed at simplifying regulations and accelerating Europe’s progress. At the summit, Macron highlighted the region’s shift to carbon-free nuclear energy to meet the growing energy demands of AI. German Chancellor Olaf Scholz called on European companies to unite in strengthening AI efforts within the continent. Meanwhile, OpenAI CEO Sam Altman is scheduled to speak, following a significant bid from a consortium led by Musk to purchase OpenAI.

The summit also anticipates discussions on a draft statement proposing an inclusive, human rights-based approach to AI, with an emphasis on avoiding market concentration and ensuring sustainability for both people and the planet. However, it remains unclear whether nations will support this approach as they align their strategies.

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Microsoft offers price change to avoid EU antitrust fine

Microsoft has proposed increasing the price difference between its Office product with the Teams app and the version without it, to avoid a potential EU antitrust fine. This comes after complaints from rivals like Salesforce-owned Slack and German competitor alfaview regarding Microsoft’s practice of bundling Teams with Office. Since Teams became a part of Office 365 in 2017, it gained widespread use during the pandemic, largely due to its video conferencing capabilities.

To address concerns, Microsoft unbundled Teams from Office in 2023, offering Office without Teams for €2 less and a standalone Teams subscription for €5 per month. The European Commission is currently gathering feedback from companies, with a decision on whether to conduct a formal market test expected soon. As part of its offer, Microsoft has also proposed better interoperability terms to make it easier for competitors to challenge its products.

The EU has previously fined Microsoft €2.2 billion for similar antitrust issues in the past. If the Commission accepts Microsoft’s proposal without issuing a fine or finding wrongdoing, it would likely allow the EU to focus resources on ongoing investigations into other tech giants like Apple and Google.

For more information on these topics, visit diplomacy.edu.

Motorola loses appeal over UK emergency services contract

Motorola has been denied permission to appeal against the UK competition regulator’s ruling that it was making excessive profits from its contract to provide communications for Britain’s emergency services. The Court of Appeal unanimously dismissed the company’s application, upholding the Competition and Markets Authority’s (CMA) decision to impose a price cap on Motorola’s Airwave network.

The CMA introduced the cap in July 2023, reducing the cost of the Airwave service to reflect a competitive market, cutting an estimated £200 million in annual charges. Motorola had previously challenged the regulator’s findings at a tribunal but was unsuccessful. CMA Executive Director George Lusty welcomed the court’s decision, stating it ensures fair pricing for emergency services and marks the end of the legal dispute.

A Motorola spokesperson defended the company’s role, emphasising that Airwave remains essential for UK public safety communications. Despite disagreeing with the CMA’s ruling, Motorola said it is focused on continuing to provide high-quality emergency communication services.

EU AI regulations making it harder for global firms, Ezzat says

Aiman Ezzat, CEO of Capgemini, has criticised the European Union’s AI regulations, claiming they are overly restrictive and hinder the ability of global companies to deploy AI technology in the region. His comments come ahead of the AI Action summit in Paris and reflect increasing frustration from private sector players with EU laws. Ezzat highlighted the complexity of navigating different regulations across countries, especially in the absence of global AI standards, and argued that the EU’s AI Act hailed as the most comprehensive worldwide, could stifle innovation.

As one of Europe’s largest IT services firms, Capgemini works with major players like Microsoft, Google Cloud, and Amazon Web Services. The company is concerned about the implementation of AI regulations in various countries and how they affect business operations. Ezzat is hopeful that the AI summit will provide an opportunity for regulators and industry leaders to align on AI policies moving forward.

Despite the regulatory challenges, Ezzat spoke positively about DeepSeek, a Chinese AI firm gaining traction by offering cost-effective, open-source models that compete with US tech giants. However, he pointed out that while DeepSeek shares its models, it is not entirely open source, as there is limited access to the data used for training the models. Capgemini is in the early stages of exploring the use of DeepSeek’s technology with clients.

As concerns about AI’s impact on privacy grow, European data protection authorities have begun investigating AI companies, including DeepSeek, to ensure compliance with privacy laws. Ezzat’s comments underscore the ongoing tension between innovation and regulation in the rapidly evolving AI landscape.

UK officials push Apple to unlock cloud data, according to TWP

Britain’s security officials have reportedly ordered Apple to create a so-called ‘back door’ to access all content uploaded to the cloud by its users worldwide. The demand, revealed by The Washington Post, could force Apple to compromise its security promises to customers. Sources suggest the company may opt to stop offering encrypted storage in the UK rather than comply with the order.

Apple has not yet responded to requests for comment outside of regular business hours. The Home Office has served Apple with a technical capability notice, which would require the company to grant access to the requested data. However, a spokesperson from the Home Office declined to confirm or deny the existence of such a notice.

In January, Britain initiated an investigation into the operating systems of Apple and Google, as well as their app stores and browsers. The ongoing regulatory scrutiny highlights growing tensions between tech giants and governments over privacy and security concerns.

Trump’s tariff move to hit Shein harder than Temu

The Trump administration’s move to end tariff-free low-cost imports into the US is expected to impact fast fashion retailer Shein more severely than online dollar-store competitor Temu. Both companies have heavily benefited from the ‘de minimis’ rule, which exempts shipments under $800 from import duties, with a significant portion of US daily packages coming from these retailers. While the Biden administration has scrutinised the rule, Temu has been quicker to adapt, diversifying its shipping strategy to minimise reliance on this exemption.

Temu, owned by PDD Holdings, has made considerable shifts in its model, including a move to bulk shipping to US warehouses instead of directly to consumers. By late 2023, about 50% of its US sales came from local warehouses. The company has also increased sea freight for bulkier items like furniture. This strategy contrasts with Shein’s continued dependence on air freight for its fast-fashion inventory, despite opening US centres and expanding its supply chain to countries like Brazil and Turkey.

While the Trump administration’s decision is set to raise prices for American consumers ordering from Shein and Temu, analysts believe the impact will not be catastrophic for these Chinese e-commerce giants. Shein, despite its reliance on fast inventory turnover and speed, is seen as capable of adapting, though the new tariffs and regulations will accelerate the need for supply chain diversification.

Recent changes in US Postal Service policies have added further uncertainty, reversing decisions on accepting parcels from China and Hong Kong. Analysts estimate that de minimis shipments could drop by up to 60%. However, experts remain confident that both Shein and Temu will navigate the changes, given the flexibility and competitiveness of their supply chains.

China targets Apple and Google with antitrust scrutiny, according to Bloomberg

China’s antitrust regulator is reportedly preparing to investigate Apple’s App Store policies and fees, including its 30% commission on in-app purchases and restrictions on external payment services. The move follows recent measures targeting US businesses, including Google and fashion brand Calvin Klein, just as new US tariffs on Chinese goods emerged. Apple’s shares fell 2.6% in premarket trading following the news.

The investigation, led by the State Administration for Market Regulation, comes after ongoing discussions between Chinese regulators, Apple executives, and app developers over the past year. While neither Apple nor the Chinese antitrust regulator has commented on the matter, the move is seen as part of broader scrutiny of US companies operating in China.

In a separate development, Google was also accused of violating China’s anti-monopoly laws, with experts speculating the probe could be linked to Google’s Android operating system and its influence over Chinese mobile manufacturers. Additionally, China’s Commerce Ministry added PVH Corp, the owner of brands like Calvin Klein, to its “unreliable entity” list.

China targets US companies with new tariffs

China has introduced a series of measures targeting US businesses, including Google, farm equipment makers, and the owner of Calvin Klein, following the implementation of new US tariffs on Chinese goods. Among these measures, China launched an investigation into Google for potential violations of anti-monopoly laws, although no further details were provided. Despite its minimal presence in China, Google continues to collaborate with local advertisers.

China’s Ministry of Commerce also added US firms PVH Corp and Illumina to its ‘unreliable entity’ list, accusing them of actions that harmed Chinese companies. The companies could face significant sanctions, including trade freezes and restrictions on foreign staff. PVH has already been under scrutiny for its ties to the Xinjiang region.

As part of a broader response, China imposed 10% tariffs on US farm equipment, which could impact companies like Caterpillar, Deere & Co., and AGCO. Tesla’s Cybertruck, a model that has yet to receive regulatory approval, could also be affected. These new tariffs, set to take effect on February 10, signal an escalation in trade tensions between China and the US, extending beyond the tech sector.

These moves mark a significant increase in trade restrictions, building on previous actions taken under former US President Biden’s administration. Analysts suggest that these measures may be used as leverage, with the potential for de-escalation if either side chooses to back down.

Global leaders gather in Paris to discuss AI development

Next week, Paris will host the AI Action Summit, where representatives from nearly 100 nations, including the US and China, will gather to discuss the future of AI. With the backing of both France and India, the summit aims to address AI development’s safe deployment, focusing on areas where France has a competitive edge, such as open-source systems and clean energy for powering data centres. The summit will also look at AI’s impact on labour markets and the promotion of national sovereignty in the increasingly global AI landscape.

Key industry figures, including top executives from Alphabet and Microsoft, are expected to attend. Discussions will involve a range of topics, including a potential non-binding communiqué that could reflect a global consensus on AI principles. However, it remains uncertain whether the US will align fully with other countries, given the Trump administration’s policies and tensions over issues like AI chip exports to China.

Unlike previous AI summits, which focused on safety regulations, the Paris event will not be creating new rules. Instead, the emphasis will be on how to ensure the benefits of AI reach developing nations, particularly through affordable AI models. In addition, France plans to showcase its clean energy capabilities, leveraging its nuclear power sector to address the growing energy demands of AI technologies, with some commitments expected from businesses and philanthropies to support public-interest AI projects globally.