Competition regulation

Chinese platforms face new shipping restrictions in US

The Biden administration is proposing new rules that could raise the cost of shipping goods from Chinese e-commerce platforms like Shein and Temu to the US. The aim is to crack down on the ‘de minimis exception,’ which currently allows products under $800 to be shipped duty-free. Biden has pointed out a surge in shipments using this exception, jumping from 140 million annually a decade ago to over 1 billion, mostly from Chinese platforms.

The new rules would block duty-free shipments of tariffed goods and require e-commerce platforms to provide more detailed information, such as the 10-digit tariff code. Both Shein and Temu have defended their practices, emphasising their commitment to affordable products and compliance with import rules. However, US safety regulators are pushing for investigations into product safety on these platforms.

The proposal follows warnings from the US-China Economic and Security Committee, which argues that platforms like Shein are using loopholes to outcompete US companies. Biden has vowed to explore further actions to protect American workers and strengthen enforcement against illegal imports.

FCC pushes for new players in space economy

The chair of the Federal Communications Commission (FCC), Jessica Rosenworcel, has called for increased competition to SpaceX’s Starlink satellite internet service. Starlink currently operates nearly two-thirds of all active satellites and is responsible for a significant portion of space-based internet traffic.

Rosenworcel highlighted that monopolies do not benefit the economy, emphasising the need to bring in more companies to develop satellite constellations and drive innovation in space. She stressed that competition in communications markets typically leads to lower prices and more innovation, and the space sector should not be an exception.

The FCC has been working to support new entrants in the space economy, offering guidance on licensing processes and promoting outreach efforts. Rosenworcel aims to encourage more players to enter the market and challenge Starlink’s dominant position.

In 2022, the FCC withdrew $885.5 million in rural broadband subsidies from Starlink, citing the service’s inability to meet basic program requirements. SpaceX had originally agreed to deliver high-speed internet to over 600,000 rural homes and businesses across 35 US states.

Antitrust investigation finds Amazon and Flipkart prioritised sellers

An Indian antitrust investigation has concluded that Amazon and Walmart’s Flipkart breached competition laws by favouring select sellers on their platforms. The probe, initiated by the Competition Commission of India (CCI), revealed that both companies created an ecosystem that prioritised certain sellers, making it harder for other retailers to compete.

Reports found that these preferred sellers were given an unfair advantage, appearing higher in search results and receiving additional services, leading to deep discounting practices. The findings highlighted that these practices harmed smaller retailers and stifled competition, especially in the mobile phone sector.

Both Amazon and Flipkart are expected to review the reports and submit objections before any fines are imposed. These companies have consistently denied any wrongdoing and argued that their operations comply with Indian regulations.

The investigation stemmed from complaints by traditional retailers and follows growing concerns about the dominance of e-commerce giants in India. Both Amazon and Flipkart remain major players in a market projected to be worth $160 billion by 2028.

Former Google exec reveals giant’s strategy to crush ad rivals

In 2009, Google’s goal was to ‘crush’ rival ad networks, as revealed by a former executive in a point highlighted in the ongoing US Department of Justice antitrust trial against the tech giant. The remarks, made by David Rosenblatt, Google’s former president of display advertising, surfaced as part of the prosecution’s argument that Google has been trying to monopolise the online adtech market, dominating both publisher ad servers and advertiser ad networks.

The trial is gaining momentum and has introduced evidence of Google’s internal strategies since it acquired DoubleClick in 2008. Rosenblatt’s comments, referenced in court notes, underscored Google’s aim to control the digital advertising ecosystem. He compared the company’s adtech ambitions to those of major financial institutions, stating that Google wanted to achieve in display ads what it had already done with search ads.

Google has denied the allegations, asserting it faces strong competition from other major players like Microsoft, Amazon, and Meta. The company argues that its advertising tools are common in the industry. However, the prosecution contends that Google’s integrated ad services give it an unfair advantage, particularly by making it difficult for publishers to switch platforms, a challenge Rosenblatt described as a ‘nightmare.’

Should the court rule against Google, prosecutors have called for the company to sell off its Google Ad Manager, including its publisher ad server and ad exchange, to restore competition in the digital advertising market.

Netherlands aligns with US on ASML export restrictions

The Dutch government announced on Tuesday that ASML will now require a licence to supply spare parts and software updates for chipmaking equipment previously sold to Chinese customers. This applies to equipment that has since been classified under new export restrictions.

The move follows the government’s decision last Friday to add two additional chipmaking tools to its national control list, aligning its policies with the United States. The restrictions aim to curb the export of advanced technology to China.

ASML, a major supplier of semiconductor manufacturing equipment, has previously expressed concerns over the potential impact of such restrictions on its business. However, the company must now comply with the new rules for sales to Chinese clients.

The Netherlands Foreign Ministry confirmed the updated regulations, stating that the licences will help control the flow of sensitive technology in line with international agreements.

EU court rules against Apple’s tax deal and Google’s market practices

In a significant victory for European regulators, the EU’s top court upheld rulings against Apple and Google, marking key moments in the ongoing battle against Big Tech. Margrethe Vestager, the EU’s antitrust chief, has been at the forefront of efforts to challenge multinational companies benefiting from tax deals and engaging in anti-competitive behaviour. On Tuesday, the courts sided with her in two major cases involving Apple’s tax deal with Ireland and Google’s market practices.

The Apple case, which dates back to 2016, revolved around 13 billion euros ($14.4 billion) in back taxes. The European Commission argued that Apple’s arrangement with Ireland allowed the tech giant to pay an artificially low tax rate, at times as low as 0.005%. The Luxembourg-based Court of Justice agreed, confirming that Apple had received unlawful state aid and Ireland must recover the amount. Apple expressed disappointment, arguing that its income had already been taxed in the US and that the EU was attempting to change the rules retroactively.

Ireland, too, had challenged the ruling despite benefiting from the corporate taxes of large tech companies. The country’s low tax rates had attracted giants like Apple to establish European headquarters there. However, in a shift that signals broader changes in global tax policy, Ireland has since agreed to align with new international tax standards, even though its multinational tax take continues to grow.

On the same day, the European Court also ruled against Google in a separate antitrust case. In 2017, the European Commission fined Google 2.42 billion euros for abusing its market dominance by promoting its shopping service over smaller European rivals. Google appealed the decision but was met with a firm rejection. The court ruled that Google’s practices were discriminatory and did not constitute fair competition on the merits. Google, like Apple, voiced disappointment with the decision, though it claimed to have changed its business practices since the original ruling.

The ruling adds to the 8.25 billion euros in antitrust fines Google has accumulated in Europe over the past decade. The company continues to face scrutiny, with ongoing cases related to its Android operating system and AdSense advertising platform and an investigation that could lead to selling parts of its adtech business.

Why does this matter?

The decisions against Apple and Google reflect a broader movement within Europe to challenge the power of Big Tech. These cases are part of a growing trend where governments seek to hold multinational companies accountable for their tax practices and market behaviours. Other major corporations, such as IKEA and Nike, are also under investigation for their tax arrangements as regulators across the globe attempt to reshape the corporate landscape and foster a fairer competitive environment.

Musk denies xAI-Tesla collaboration claims on AI technology

The CEO of Tesla has denied claims that his AI startup xAI had entered discussions to share future Tesla revenue in exchange for giving the automaker access to its technology. The Wall Street Journal reported that Tesla was considering licensing xAI’s artificial intelligence models to enhance its full self-driving software and splitting revenue with the startup.

Musk refuted the report, stating that although Tesla had benefited from conversations with xAI engineers, there was no need to license any technology. He called the article ‘not accurate’ in a post on social media platform X.

The Journal’s report suggested that xAI could also help Tesla develop other features, such as a voice assistant for its electric vehicles and software for its humanoid robot, Optimus. Musk has previously mentioned that xAI could play a role in advancing Tesla’s self-driving capabilities and building a new data centre.

The billionaire launched xAI last year to rival OpenAI, with plans to integrate its AI chatbot, Grok, into Tesla’s systems. Discussions have reportedly taken place regarding a potential $5 billion investment in xAI by Tesla.

Google loses appeal over €2.42 billion EU fine

Google has lost its appeal against a €2.42 billion fine imposed by the EU over antitrust violations. The European Commission initially penalised Google in 2017 for giving its price comparison service an unfair advantage over smaller competitors. Despite challenging the decision, the Luxembourg-based Court of Justice of the EU upheld the ruling, emphasising that while dominance is not illegal, its abuse to hinder competition is prohibited.

The fine is part of a larger pattern for Google, which has faced fines totalling €8.25 billion over the last decade for various antitrust violations. Two additional cases involving Google’s Android system and AdSense are still pending decision. At the same time, a separate investigation threatens to force the tech giant to sell off part of its advertising technology.

The ruling highlights the EU’s firm stance on competition as regulators continue to scrutinise the practices of dominant tech companies like Google.

Beijing condemns Dutch move to align with US chip restrictions

China has expressed dissatisfaction with the Dutch government’s decision to extend export controls on ASML’s chipmaking equipment. The Dutch government announced it would expand licensing requirements on ASML’s 1970i and 1980i DUV lithography machines, aligning its policies with the US export restrictions introduced last year.

China has criticised Washington’s efforts to pressure allies like the Netherlands and Japan to impose restrictions that limit Chinese access to advanced semiconductor technologies. Beijing described the move as part of the United States strategy to maintain global dominance and strongly opposed the measures.

In its statement, China urged the Netherlands to avoid abusing export controls, emphasising that such actions could harm Sino-Dutch cooperation in the semiconductor sector and damage business interests on both sides. Dutch Trade Minister Reinette Klever defended the decision, saying it was made in the interest of safety.

The Dutch restrictions have effectively blocked ASML, the world’s largest chipmaking equipment supplier, from sending its most advanced lithography systems to China, impacting China’s ability to produce cutting-edge semiconductors.

US DoJ takes Google to court over monopoly

Google is facing another antitrust battle in a Virginia court, where the US Justice Department has accused the tech giant of monopolising the online advertising industry. Prosecutors argue that Google controls the infrastructure that handles hundreds of thousands of ad sales each second, using its size and dominance to push out competitors and restrict customer choice.

The trial, which US District Judge Leonie Brinkema is hearing, focuses on claims that Google acquired rivals and manipulated market transactions to gain control over both advertisers and publishers. The government’s case highlights how Google allegedly stifled competition and locked customers into its products, tactics reminiscent of traditional monopolies.

Google’s defence, led by attorney Karen Dunn, refuted the accusations by arguing that the case is based on outdated market conditions. She noted that Google now faces significant competition from other major tech companies like Amazon and Comcast and that its tools have evolved to work alongside its rivals.

As the trial progresses, prosecutors push for Google to be forced to sell off essential parts of its ad business, including Google Ad Manager. The case is part of a broader effort by US authorities to curb the dominance of Big Tech, with other lawsuits targeting companies such as Apple, Meta, and Amazon.