Kay Jebelli
@kayjebelli.bsky.social
Computer engineer/competition lawyer; TCK; personal views expressed. Pro-abundance policy, working for @chamberofprogress.bsky.social
Signalling to the market that the remedy depends on what rivals demand, is bad news. It's an abdication of responsibility.
I just hope it's not the end of the story ...
I just hope it's not the end of the story ...
December 4, 2025 at 11:39 AM
Signalling to the market that the remedy depends on what rivals demand, is bad news. It's an abdication of responsibility.
I just hope it's not the end of the story ...
I just hope it's not the end of the story ...
One of the benefits of the US system is that these kinds of massive decisions go to a neutral arbiter (the judge), but in Europe they can be ordered by the EC itself, so it is really on the EC to exercise self-restraint.
It's a massive responsibility.
It's a massive responsibility.
December 4, 2025 at 11:39 AM
One of the benefits of the US system is that these kinds of massive decisions go to a neutral arbiter (the judge), but in Europe they can be ordered by the EC itself, so it is really on the EC to exercise self-restraint.
It's a massive responsibility.
It's a massive responsibility.
But here the threat is even larger, a break-up. Which again the EC has some interest in (short-sighted protectionism, despite the massive disruption that it will cause to European businesses that use Google's Ad-tech tools).
December 4, 2025 at 11:39 AM
But here the threat is even larger, a break-up. Which again the EC has some interest in (short-sighted protectionism, despite the massive disruption that it will cause to European businesses that use Google's Ad-tech tools).
This has of course caused pushback from the US administration, designed to push the EC to make its decisions more objectively, not purely in light of its own financial interest (in issuing fines). economictimes.indiatimes.com/news/intern...
December 4, 2025 at 11:39 AM
This has of course caused pushback from the US administration, designed to push the EC to make its decisions more objectively, not purely in light of its own financial interest (in issuing fines). economictimes.indiatimes.com/news/intern...
But the EC has a responsibility here to analyse the responses to the market test taking into account the bias of the respondents.
It's something that Judges in the US take due account of, but in Europe, the EC has a bias because it wants to issue fines, which fund its budget
It's something that Judges in the US take due account of, but in Europe, the EC has a bias because it wants to issue fines, which fund its budget
December 4, 2025 at 11:39 AM
But the EC has a responsibility here to analyse the responses to the market test taking into account the bias of the respondents.
It's something that Judges in the US take due account of, but in Europe, the EC has a bias because it wants to issue fines, which fund its budget
It's something that Judges in the US take due account of, but in Europe, the EC has a bias because it wants to issue fines, which fund its budget
By signalling so strongly that she wants a break-up and effectively polling competitors whether they want Google broken up, that is setting the remedies up for failure.
It's almost a given that competitors will be lined up demanding break-up.
It's almost a given that competitors will be lined up demanding break-up.
December 4, 2025 at 11:39 AM
By signalling so strongly that she wants a break-up and effectively polling competitors whether they want Google broken up, that is setting the remedies up for failure.
It's almost a given that competitors will be lined up demanding break-up.
It's almost a given that competitors will be lined up demanding break-up.
But what's pernicious here is that the EC is signalling that if the results of the market test are "bad" for Google, then it will move to a structural remedy (break-up of the company). So what do you think competitors are going to say? pro.politico.eu/news/209564
December 4, 2025 at 11:39 AM
But what's pernicious here is that the EC is signalling that if the results of the market test are "bad" for Google, then it will move to a structural remedy (break-up of the company). So what do you think competitors are going to say? pro.politico.eu/news/209564
But as is part of the usual process, the EC will market test these remedies, in this case having already signalled that more than 200 companies will be involved. pro.politico.eu/news/209074
December 4, 2025 at 11:39 AM
But as is part of the usual process, the EC will market test these remedies, in this case having already signalled that more than 200 companies will be involved. pro.politico.eu/news/209074
For her part, Ribera signalled her desire to break-up Google even before receiving the remedy proposal ec.europa.eu/commission/...
December 4, 2025 at 11:39 AM
For her part, Ribera signalled her desire to break-up Google even before receiving the remedy proposal ec.europa.eu/commission/...
Google for their part, have been fully transparent, and submitted a complete proposal to address the concerns without causing the kind of business disruption that has forced US Courts some hesitation in this most extreme of remedies. blog.google/around-the-...
December 4, 2025 at 11:39 AM
Google for their part, have been fully transparent, and submitted a complete proposal to address the concerns without causing the kind of business disruption that has forced US Courts some hesitation in this most extreme of remedies. blog.google/around-the-...
The BKA press release is here again, you can probably contact the BKA directly to tell them you care about privacy and don't want third-parties to have an easier time getting your data btw, www.bundeskartellamt.de/SharedDocs/...
Bundeskartellamt assesses solutions proposed by Apple in ATTF proceedings – market test has started
www.bundeskartellamt.de
December 2, 2025 at 5:15 PM
The BKA press release is here again, you can probably contact the BKA directly to tell them you care about privacy and don't want third-parties to have an easier time getting your data btw, www.bundeskartellamt.de/SharedDocs/...
Finally, and importantly, Apple did not offer to give third-parties more access to data, hopefully it holds firm here and the BKA doesn't try to force more data sharing, making Apple's ecosystem less protected. But that is open to consultation.
December 2, 2025 at 5:15 PM
Finally, and importantly, Apple did not offer to give third-parties more access to data, hopefully it holds firm here and the BKA doesn't try to force more data sharing, making Apple's ecosystem less protected. But that is open to consultation.
Interestingly, the BKA is also instrumentalising Apple to obtain GDPR compliant consent on behalf of third-parties, reducing their GDPR liability.
December 2, 2025 at 5:15 PM
Interestingly, the BKA is also instrumentalising Apple to obtain GDPR compliant consent on behalf of third-parties, reducing their GDPR liability.
On the bright side, Apple has offered commitments to the BKA to try and address the issues, rather than pulling ATT completely and abandoning its privacy protections for European users.
December 2, 2025 at 5:15 PM
On the bright side, Apple has offered commitments to the BKA to try and address the issues, rather than pulling ATT completely and abandoning its privacy protections for European users.
The ability to fine US tech companies with one instrument or another, depending on where they fall on the line of privacy protection vs data for third-parties, might be a feature, not a bug, acting as an indirect way of taxing US tech whatever they do.
December 2, 2025 at 5:15 PM
The ability to fine US tech companies with one instrument or another, depending on where they fall on the line of privacy protection vs data for third-parties, might be a feature, not a bug, acting as an indirect way of taxing US tech whatever they do.
I've talked about this tension between privacy objectives and competition before. Regulators are working at cross-purposes, and it puts big tech companies in a "damned if you do, damned if you don't" situation. But to some extent that may be by design.
December 2, 2025 at 5:15 PM
I've talked about this tension between privacy objectives and competition before. Regulators are working at cross-purposes, and it puts big tech companies in a "damned if you do, damned if you don't" situation. But to some extent that may be by design.
That would be a loss for privacy protection, imposed by competition authorities looking to give digital advertising companies like Meta and Newscorp a competitive boost in Apple's ecosystem.
December 2, 2025 at 5:15 PM
That would be a loss for privacy protection, imposed by competition authorities looking to give digital advertising companies like Meta and Newscorp a competitive boost in Apple's ecosystem.
Apple's response reminds us about how popular these privacy features are. But if they're creating antitrust liability, Apple might have to pull them from the European market. www.mlex.com/mlex/articl...
December 2, 2025 at 5:15 PM
Apple's response reminds us about how popular these privacy features are. But if they're creating antitrust liability, Apple might have to pull them from the European market. www.mlex.com/mlex/articl...
France went as far as fining Apple €150 million in March of this year for the same conduct. www.autoritedelaconcurrence.fr/en/press-re...
Targeted advertising: the Autorité de la concurrence imposes a fine of €150,000,000 on Apple for the implementation of the App Tracking Transparency (“ATT”) framework | Autorité de la concurrence
www.autoritedelaconcurrence.fr
December 2, 2025 at 5:15 PM
France went as far as fining Apple €150 million in March of this year for the same conduct. www.autoritedelaconcurrence.fr/en/press-re...
Romanian authorities got in on this in October of 2023, trying to make life easier for digital advertising companies and making it harder for Apple to distinguish between its own ad services and those of the ad tech industry globalcompetitionreview.com/article/rom...
Romanian enforcer probes Apple’s app tracking policy
Romania’s Competition Authority is investigating whether Apple abused its dominance in the in-app advertising market by restricting access to user data and self-preferencing its own ad display services.
globalcompetitionreview.com
December 2, 2025 at 5:15 PM
Romanian authorities got in on this in October of 2023, trying to make life easier for digital advertising companies and making it harder for Apple to distinguish between its own ad services and those of the ad tech industry globalcompetitionreview.com/article/rom...
In May of 2023 with the Italian competition authority opened a case, it focused on how advertising tech companies needed more access to data so they could boost their revenues, and that Apple's ad solutions had better access to data en.agcm.it/en/media/pr...
December 2, 2025 at 5:15 PM
In May of 2023 with the Italian competition authority opened a case, it focused on how advertising tech companies needed more access to data so they could boost their revenues, and that Apple's ad solutions had better access to data en.agcm.it/en/media/pr...
Last week the Polish competition authority opened a case, stating that Apple going beyond GDPR protections for users could open it up to antitrust liability. uokik.gov.pl/en/is-apple...
December 2, 2025 at 5:15 PM
Last week the Polish competition authority opened a case, stating that Apple going beyond GDPR protections for users could open it up to antitrust liability. uokik.gov.pl/en/is-apple...
This follows a number of other jurisdictions that have investigated Apple for ATT, in order to make it easier for advertising-based companies get data processing consent.
December 2, 2025 at 5:15 PM
This follows a number of other jurisdictions that have investigated Apple for ATT, in order to make it easier for advertising-based companies get data processing consent.
This is all in an effort to get more data for rivals (primarily publishers and Meta), so now the BKA is consulting on changes that Apple has proposed to make it easier for advertisers to get data processing consent from users. www.bundeskartellamt.de/SharedDocs/...
Bundeskartellamt assesses solutions proposed by Apple in ATTF proceedings – market test has started
www.bundeskartellamt.de
December 2, 2025 at 5:15 PM
This is all in an effort to get more data for rivals (primarily publishers and Meta), so now the BKA is consulting on changes that Apple has proposed to make it easier for advertisers to get data processing consent from users. www.bundeskartellamt.de/SharedDocs/...