Competition regulation

EU ends tax aid probes into major companies

The European Commission announced the closure of its state aid investigations into tax rulings granted to Amazon, Fiat, and Starbucks by Luxembourg and the Netherlands. Initially, the Commission had ruled in 2015 and 2017 that these nations provided the companies with selective tax advantages that breached EU state aid rules. The allegations were part of broader efforts to address unfair tax practices within the European Union.

EU courts, however, annulled the Commission’s decisions in subsequent legal challenges, ruling that the tax arrangements did not constitute illegal state aid. As a result, the Commission concluded that the companies had not violated EU rules and formally ended the investigations.

The cases underscore the complexities of enforcing tax harmonisation across EU member states. Critics of the initial rulings argued that such cases reflect the challenges of balancing national tax sovereignty with EU-wide competition regulations. The closures may also influence future policies on corporate taxation in Europe.

FTC investigates Microsoft over antitrust concerns

The US Federal Trade Commission (FTC) has initiated an antitrust investigation into Microsoft, examining its software licensing, cloud computing operations, and AI-related practices. Sources indicate the probe, approved by FTC Chair Lina Khan before her anticipated departure, also investigates claims of restrictive licensing aimed at limiting competition in cloud services.

Microsoft is the latest Big Tech firm under regulatory pressure. Alphabet, Apple, Meta, and Amazon face similar lawsuits over alleged monopolistic practices in markets ranging from app stores to advertising. Penalties and court rulings loom as regulators focus on digital fairness.

The FTC’s probe highlights growing concerns about the influence of Big Tech on consumer choice and competition. As scrutiny intensifies, the outcomes could reshape the technology sector’s landscape, impacting businesses and consumers alike.

China vows response to US chip restrictions

China has issued a strong warning against potential new US export restrictions on semiconductor technology, signalling it could take ‘necessary actions’ to safeguard its firms. The warning follows reports suggesting the Biden administration may expand its trade blacklist, potentially adding up to 200 Chinese chip companies to the list. Such measures would limit US suppliers from trading with these firms.

Chinese commerce ministry spokesperson He Yadong condemned the US for what he described as overreach in the name of national security. He argued the proposed controls destabilise global trade and harm bilateral cooperation in the semiconductor sector. He emphasised China’s determination to defend its companies’ rights if the US persists with its actions.

Reports indicate that the Biden administration is mulling restrictions on semiconductor equipment and AI memory chip sales to China. These measures may target firms like Semiconductor Manufacturing International Corp., a Huawei ally, while sparing ChangXin Memory Technologies, a rising AI memory chip developer.

The tensions come as the outgoing Biden administration faces domestic and international scrutiny over trade policies. Meanwhile, there is concern that President-elect Donald Trump’s proposed tariffs on Chinese goods could further inflame trade relations, with Beijing warning that such measures would fail to address US domestic issues effectively.

Antitrust case targets Google in Canada

Canada’s Competition Bureau has filed a lawsuit against Google, accusing the tech giant of anti-competitive practices in online advertising. The agency claims Google abused its dominant position in the Canadian ad tech market to maintain its control, stifling competition and innovation.

The Competition Bureau’s investigation, which began in 2020 and expanded earlier this year, found Google to be the largest provider across the advertising technology stack in the country. The lawsuit seeks a court order for Google to sell two of its advertising tools and pay a penalty to ensure compliance with competition laws in Canada.

Google denies the allegations, stating that the online advertising market is highly competitive and offers many choices for advertisers. The company argues its ad tech tools are designed to help businesses connect with customers effectively while supporting websites and apps.

This case mirrors similar actions taken against Google in the US and the EU. Closing arguments in a US Department of Justice lawsuit accusing Google of monopolising advertising markets were presented recently, while European publishers previously rejected a Google offer to sell part of its ad tech business to settle an EU investigation.

Mixed reactions as Australia bans social media for minors

Australia’s recent approval of a social media ban for children under 16 has sparked mixed reactions nationwide. While the government argues that the law sets a global benchmark for protecting youth from harmful online content, critics, including tech giants like TikTok, warn that it could push minors to darker corners of the internet. The law, which will fine platforms like Meta’s Facebook, Instagram and TikTok up to A$49.5 million if they fail to enforce it, takes effect one year after a trial period begins in January.

Prime Minister Anthony Albanese emphasised the importance of protecting children’s physical and mental health, citing the harmful impact of social media on body image and misogynistic content. Despite widespread support—77% of Australians back the measure—many are divided. Some, like Sydney resident Francesca Sambas, approve of the ban, citing concerns over inappropriate content, while others, like Shon Klose, view it as an overreach that undermines democracy. Young people, however, expressed their intent to bypass the restrictions, with 11-year-old Emma Wakefield saying she would find ways to access social media secretly.

This ban positions Australia as the first country to impose such a strict regulation, ahead of other countries like France and several US states that have restrictions based on parental consent. The swift passage of the law, which was fast-tracked through parliament, has drawn criticism from social media companies, which argue the law was rushed and lacked proper scrutiny. TikTok, in particular, warned that the law could worsen risks to children rather than protect them.

The move has also raised concerns about Australia’s relationship with the United States, as figures like Elon Musk have criticised the law as a potential overreach. However, Albanese defended the law, drawing parallels to age-based restrictions on alcohol, and reassured parents that while enforcement may not be perfect, it’s a necessary step to protect children online.

FTC challenges Microsoft over cloud practices

The US Federal Trade Commission (FTC) has launched a wide-reaching antitrust investigation into Microsoft’s business practices, focusing on cloud computing, software licensing, and artificial intelligence. Allegations suggest the company has imposed restrictive licensing terms that make it difficult for customers to switch from its Azure cloud services to rival platforms. FTC Chair Lina Khan approved the probe ahead of her expected departure in January, raising questions about its future under a potentially business-friendlier administration.

Critics, including competitors and industry groups like NetChoice, claim Microsoft’s licensing policies unfairly lock customers into its ecosystem. Google has raised similar concerns with European regulators, citing significant mark-ups for using Windows Server on competing cloud services and delays in providing security updates. The FTC’s investigation also touches on broader competition concerns in AI and cybersecurity, including Microsoft’s acquisition of AI startup Inflection AI.

Microsoft has not commented on the probe, but complaints have mounted over its practices in cloud computing and the integration of AI tools into productivity products like Office and Outlook. Some industry observers note that Microsoft has been relatively spared in recent US antitrust actions targeting Big Tech firms, including Apple, Google, Meta, and Amazon. However, the FTC’s focus on Microsoft could signal a shift in regulatory priorities.

The outcome of the investigation remains uncertain, particularly with a potential change in the political landscape. While the Trump administration previously pursued aggressive antitrust enforcement, including actions against Google and Meta, Microsoft has benefited from its policies in the past, such as winning a contentious $10 billion Pentagon cloud contract over Amazon. Experts believe a new administration may alter enforcement priorities but not necessarily halt ongoing probes.

Google challenges verdict in Epic Games lawsuit

Google is appealing a court order mandating significant changes to its Play app store, arguing to the US 9th Circuit Court of Appeals that legal errors during the trial unfairly favoured Epic Games. The tech giant contends that the San Francisco jury should not have been allowed to rule on Epic’s claims and that the trial judge overstepped by issuing a nationwide injunction.

Epic, known for creating “Fortnite,” accused Google of monopolising app distribution and payment systems on Android devices. A jury sided with Epic last year, leading US District Judge James Donato to require Google to permit rival app stores on Android and allow competitors access to Play’s app catalogue. This injunction, set to last three years, is on hold pending the appeal.

Google warns the mandated changes would disrupt app developers and users, framing the judge’s order as excessive intervention. Epic, meanwhile, dismissed Google’s appeal as baseless and a refusal to honour the jury’s unanimous decision. The appeals court is set to hear arguments in February, with a decision expected later in 2025.

Margrethe Vestager reflects on EU legacy as competition chief

Margrethe Vestager, the European Union’s outgoing competition chief, is stepping down after a decade of high-profile confrontations with tech giants like Apple and Google. In an exit interview, she expressed regret over not being more aggressive in regulating Big Tech, acknowledging the continued dominance of major platforms despite billions in fines. She described her tenure as ‘partly successful,’ noting the slow pace of change in the tech landscape.

Vestager was instrumental in shaping the EU’s regulatory framework, pushing for initiatives like the Digital Markets Act (DMA) to curb monopolistic behaviour. However, she conceded that the full impact of these measures may take years to be felt. She emphasised the importance of stronger enforcement and deterrence, advocating for a bolder approach to regulating tech firms globally.

Her reflections also highlighted the role of the Digital Services Act (DSA) in overseeing social media platforms and addressing harmful content. Platforms like X and Telegram, which face criticism for inadequate content moderation, were pointed out as examples of why robust regulation is necessary. Vestager stressed that platforms undermining democracy must comply with the EU’s stringent laws.

As she prepares to transition to academia, Vestager’s departure marks the end of an era. While her legacy includes significant strides in holding tech companies accountable, the ongoing influence of these firms signals that the battle for better regulation is far from over. Teresa Ribera Rodríguez will succeed her, tasked with continuing this critical work.

US adjusts Intel’s chip subsidy amid sector challenges

Intel’s expected $8.5 billion subsidy for expanding its United States chip manufacturing facilities is likely to be reduced, sources revealed. The grants, part of a broader semiconductor funding initiative under the CHIPS and Science Act, will still represent a significant investment but may drop below $8 billion. The adjustment is reportedly linked to Intel’s separate $3 billion Pentagon contract funded through the same programme.

The US government aims to bolster domestic semiconductor production through the CHIPS Act, allocating $52.7 billion overall, including $39 billion in subsidies. Intel’s planned projects in Arizona include building two new chip factories and upgrading an existing facility. Despite these efforts, Intel faces industry challenges, with slumping share prices and restructuring moves under CEO Pat Gelsinger.

Other companies, such as TSMC and GlobalFoundries, have also benefited from preliminary CHIPS Act agreements. Intel’s revised funding agreement is expected soon, with the US Commerce Department declining to comment on the final subsidy figure.

US court to decide TikTok’s future amid ByteDance divestment law

A United States federal appeals court is set to rule by 6 December on whether ByteDance, TikTok‘s Chinese parent company, must divest its US operations or face a ban. The ruling will address national security concerns raised by the Justice Department, which alleges that TikTok’s Chinese ownership poses risks due to access to vast American user data. ByteDance has challenged the law as unconstitutional, arguing it unfairly targets TikTok and violates free speech.

The three-judge panel could uphold the law, leading to a likely appeal by ByteDance. Alternatively, the court might allow the law but criticise its fairness, requiring further certification of TikTok as a security risk. A ruling deeming the law unconstitutional could halt efforts to force ByteDance to sell TikTok’s US assets. Any outcome may result in further legal battles, including an appeal to the Supreme Court.

The case underscores tensions between US national security priorities and free market principles, with over 170 million Americans actively using TikTok. The final decision could shape the future of tech regulation and US-China relations.