Competition regulation

Small ad-tech firms fear Google’s Privacy Sandbox impact

Smaller ad-tech companies are raising concerns over Google’s Privacy Sandbox, a proposed alternative to cookies, as they fear it could further consolidate Google’s dominance in digital advertising. Privacy Sandbox, which aims to enhance user privacy by anonymising data and targeting groups rather than individuals, has been under development for five years. US and UK regulators are investigating whether the new system could give Google too much control, potentially harming competition in the market.

Smaller firms argue that the costs of adapting to Privacy Sandbox put them at a disadvantage compared to larger competitors with greater resources. While large firms like Index Exchange can afford to invest minimal portions of their revenue in the transition, smaller companies face higher financial risks and extended development costs, threatening their ability to compete effectively.

Google defends Privacy Sandbox as a way to support a competitive marketplace, but experts say regulatory intervention will be critical to ensuring fair competition. Despite these concerns, some industry insiders believe regulators will prevent Google from consolidating its power through the new technology.

Google faces new remedies in US DOJ antitrust case

The US Department of Justice plans to outline by December the steps Alphabet’s Google must take to restore competition after being found guilty of illegally monopolising the online search market. Prosecutors have not revealed specific remedies but indicated that their proposal would be comprehensive and consider Google’s plans to integrate AI into its search operations, including rebranding its AI product to Gemini.

Potential actions include requiring Google to divest certain business units, such as its Android operating system, or stopping billions in payments to ensure its search engine remains the default on devices and browsers. Google’s legal team argued that they need a detailed proposal from prosecutors to prepare a response, possibly involving information from AI rivals like Microsoft and OpenAI.

Google has said it plans to appeal the ruling, and US District Judge Amit Mehta suggested a possible hearing in the spring, with a final decision expected by next August.

Google faces competition scrutiny over Android Auto app block

Google’s refusal to include Enel’s e-mobility app, JuicePass, on its Android Auto platform may violate competition rules, according to an adviser to Europe’s top court. The Italian antitrust authority previously fined Google €102 million ($113.2 million) in 2021 for blocking the app, which helps drivers navigate and manage messages from their dashboards.

Court Advocate General Laila Medina supported Italy’s stance, arguing that Google’s actions could breach competition laws by unfairly excluding third-party apps and harming consumers. Google had cited security concerns and the lack of a specific template for the app, but it has since taken steps to address these issues, adding the necessary template for compatibility with Android Auto.

The Court of Justice of the European Union (CJEU) will make the final decision, which is expected to rule in the coming months. Google has stated it is working to resolve the issue and is already offering similar apps globally on Android Auto.

US introduces new export controls on advanced tech

The United States has announced new export controls targeting advanced technologies, including quantum computing and GAAFET chip technology, aligning with similar measures by international partners. The updated regulations cover quantum computing equipment, advanced semiconductor production, and additive manufacturing technologies.

Commerce official Alan Estevez emphasised that these controls aim to keep pace with technological advancements and enhance their effectiveness through international cooperation. The most notable changes involve stringent reporting requirements for foreign national employees working on quantum computing in the US, while GAAFET controls will focus on production rather than design.

Trade lawyer Kevin Wolf highlighted that while these measures are intended to safeguard technological advancements, they might impact hiring in the quantum sector. Celia Merzbacher from the Quantum Economic Development Consortium expressed concern that these reporting requirements could deter small companies from hiring foreign talent, potentially limiting their access to skilled professionals crucial for innovation.

Telecom giants urge European policymakers to enhance digital competitiveness through improved connectivity

Ericsson, Nokia, and Vodafone have united in a call to action for European policymakers to enhance digital competitiveness through advanced connectivity and digitalisation. They argue that achieving a true Digital Single Market is essential for fostering innovation and ensuring Europe can compete globally. The following initiative emphasises the need for coherent implementation of existing regulations and the avoidance of unnecessary regulatory burdens that could hinder the rapid deployment of digital infrastructure.

Ericsson, Nokia, and Vodafone highlight the importance of incentivising investment in advanced connectivity solutions, such as 5G and future 6G technologies. They stress that a modernised regulatory framework is crucial for maintaining healthy telecom operators capable of making substantial investments in infrastructure. This includes advocating for longer spectrum licenses and harmonised rules across the EU member states, facilitating a more robust telecommunications landscape.

Ericsson, Nokia, and Vodafone also propose that policymakers differentiate between business-to-business (B2B) and consumer-facing technologies when crafting regulations. Tailoring regulations to these sectors’ specific needs and operational structures will help create a more level playing field and address market failures effectively. This distinction is vital for fostering an environment where trusted companies can thrive and innovate.

Ericsson, Nokia, and Vodafone highlight the need for Europe to prepare for emerging technologies like quantum computing and AI. They advocate for policies encouraging experimentation and attracting private investment, ensuring Europe can leverage these advancements while addressing security challenges.

UK regulator approves Microsoft-Inflection AI partnership

The UK’s Competition and Markets Authority (CMA) has cleared Microsoft’s partnership with Inflection AI and the hiring of some of its former staff, determining that the deal does not warrant further investigation. The CMA initiated a probe in July to assess potential competition concerns, given that both companies are involved in developing consumer chatbots.

The regulator concluded that Inflection AI held only a small share of UK users for chatbots and AI tools before the acquisition and needed more capacity to expand its user base significantly. This limited influence alleviated concerns about the deal’s impact on competition.

Earlier this year, Microsoft hired Mustafa Suleyman, a co-founder of Google, to lead its new AI division, along with several employees from Inflection, which he founded in 2022. Reports suggest that Microsoft paid approximately $650 million in the deal, which granted them access to Inflection’s AI models and allowed the startup to repay its investors, including prominent figures like Bill Gates and former Google CEO Eric Schmidt.

Google faces antitrust trial in US over ad dominance

Google is set to face a critical antitrust trial as the US Department of Justice targets the tech giant’s advertising practices, accusing the company of using its dominance to stifle competition and harm news publishers. The legal case will be heard in Alexandria, Virginia, and marks another important move in the Biden administration’s broader campaign to curb the influence of Big Tech through the enforcement of antitrust laws.

The trial will scrutinise Google’s less-visible but highly lucrative adtech system, which connects advertisers with website publishers and accounted for over 75% of Google’s $307.4 billion in revenue last year. While the Justice Department recently won against Google in a separate case concerning the company’s search engine monopoly, this new trial will delve into how Google allegedly maintains a ‘privileged position’ as the dominant middleman in the digital advertising market.

Prosecutors and a coalition of states argue that Google’s dominance in adtech is due to its strategy of tying together tools for advertisers and publishers, effectively controlling critical parts of the advertising ecosystem. They claim Google controls 91% of the ad server market, over 85% of ad networks, and more than half of the ad exchange market, making it nearly impossible for competitors to gain a foothold. Google, however, disputes these figures, arguing that when broader markets like social media and streaming are considered, its market share is significantly lower.

It is expected to feature testimony from key players in the advertising industry and executives from major news organisations that have felt the impact of Google’s practices. The Justice Department will likely argue that the consolidation of the digital advertising market, primarily driven by Google, has contributed to the decline of journalism, with one-third of US newspapers closing or being sold since 2005.

On the other hand, Google is expected to defend its business practices by highlighting its tools’ benefits to small businesses and publishers, arguing that a breakup would stifle innovation and harm these smaller players. The company has lined up witnesses to support this narrative, including current and former executives, such as YouTube CEO Neal Mohan, who played a significant role in developing Google’s adtech.

EU chipmakers push for ‘Chips Act 2.0’ and quicker support measures

Europe’s leading computer chip industry group, ESIA, has urged the European Union to accelerate aid and introduce a revamped ‘Chips Act 2.0’ to support the sector. The group, which represents key chipmakers like Infineon, STMicroelectronics, and ASML, also called for the appointment of a dedicated ‘Chips Envoy’ to oversee the bloc’s semiconductor strategy.

The first EU Chips Act, launched in April 2023, aimed to boost Europe’s global chip market share to 20% by 2030. Despite several major projects, including a €10 billion TSMC plant in Dresden and a €30 billion Intel project in Magdeburg, the industry is not on track to meet the goal. Delays and the absence of timely aid have raised concerns, particularly around Intel’s ambitious project.

The ESIA is calling for a more streamlined aid process and fewer export restrictions to bolster the sector. While the group acknowledges the need for security, it advocates for a more proactive approach that focuses on incentives rather than defensive trade policies. Recent restrictions on ASML’s high-tech exports to China exemplify the challenges the industry faces.

Amid these obstacles, Europe’s chip sector is seeking strong leadership and faster policy implementation to compete globally. The success of upcoming projects and the timely rollout of ‘Chips Act 2.0’ are seen as vital for Europe’s future in semiconductor manufacturing.

Japan faces Chinese backlash over chip equipment restrictions

China has issued a stern warning to Japan, threatening severe economic retaliation if it intensifies restrictions on selling and servicing chipmaking equipment to Chinese companies. The warning came as part of China’s ongoing effort to counter Japan’s alignment with US measures to limit China’s semiconductor production capabilities.

Toyota Motor reportedly informed Japanese officials that China may retaliate by cutting off access to essential minerals required for automotive manufacturing. The concerns were raised during recent meetings between Chinese and Japanese officials, where China’s stance on the issue was made clear.

Japan recently began limiting exports of 23 types of semiconductor manufacturing equipment, joining a US-led initiative to curb China’s ability to produce advanced chips. These restrictions have sparked fears of further economic conflict between the two nations.

Toyota and China’s foreign ministry have yet to comment on the matter, while tensions over trade controls continue escalating in the region.

CCIA supports USTR’s challenge to Canada’s Digital Services Tax

The Computer and Communications Industry Association (CCIA) has expressed strong support for the US Trade Representative’s (USTR) recent announcement regarding consultations with Canada over its digital services tax (DST). The action marks the initial step in a formal dispute process under the US-Mexico-Canada Agreement (USMCA). If the issue is not resolved within 75 days, the US may escalate the matter to a dispute settlement panel.

The DST, enacted through Bill C-59, is perceived by the CCIA and other trade associations as discriminatory against US companies, primarily targeting large foreign tech firms based in the US. The DST imposes a 3% tax on revenue generated by foreign companies from Canadian users, affecting firms with global revenues exceeding $1.1 billion, which includes major US companies like Google and Meta. CCIA’s Vice President of Digital Trade, Jonathan McHale, highlighted the negative impact of the DST, estimating potential losses of up to $2.3 billion annually for US companies and significant job losses.

Why does this matter?

The association has long advocated for US action against the DST, emphasising that it undermines the fair market access stipulated in the USMCA and could set a precedent for similar measures by other countries. In response, Canadian officials have stated that the consultations are part of ongoing discussions and reiterated their commitment to international tax agreements. Canadian officials suggested that the DST would be rescinded if a multilateral solution is achieved.