Personal Data for Meta AI Training — My contribution at DPOBlog on District Court of Amsterdam‘s ruling
I have contributed a new analysis to the DPOBlog on the recent judgment of the District Court of Amsterdam, which prohibits Meta from using personal data for AI training. The decision illustrates the emerging relevance of private enforcement under the Digital Markets Act (DMA) and its interplay with data protection obligations. It also provides an early…
Our Newsletter: Curated Insights at the Intersection of Markets and Regulation
Week after week, our field sees new developments — proposals, proceedings, discussions, decisions. Many of these are covered across various media. Our newsletter offers a curated selection of the most relevant items, focused on our core topics. It is designed to support clients, academic collaborators, and professional peers with a shared interest in regulatory complexity. Who It’s For This newsletter…
Meta, DMA, and AI: Cologne Court Rejects Injunction – What Now?
Some weeks ago, the Higher Regional Court of Cologne (OLG Köln) rejected an application for an interim injunction seeking to prohibit Meta from using Facebook and Instagram data for AI training starting 27 May 2025. As a result, Meta may proceed with its plans, at least for now. A ruling on the merits is still pending. Legal…
DMA Enforcement: First Fines Against Apple and Meta – What Comes Next for Private Enforcement?
The European Commission has issued its first decisions under the Digital Markets Act (DMA), imposing fines on Apple and Meta for non-compliance. You can read more about the decisions in our detailed analysis. But what happens next? How can affected parties make use of these decisions for their own legal claims? What Are the Two…
Where to Litigate Under the DMA: Jurisdictional Considerations in Private Enforcement
A key question in the context of private enforcement under the Digital Markets Act (DMA) is: Where can I bring a claim? The first step is to determine international jurisdiction — that is, in which country proceedings may be initiated. This question is governed by the Brussels Ia Regulation (also referred to Regulation (EU) No. 1215/2012). In most cases,…
Bundeskartellamt issues preliminary assessment of Amazon’s price control mechanisms
Last week, the German Federal Cartel Office (Bundeskartellamt, BKartA) published a press release outlining its preliminary legal assessment of Amazon’s current price control practices. According to the authority, the conduct could amount to an abuse both under the special rules for large digital platforms pursuant to Section 19a(2) of the German Competition Act (GWB) and under…
CJEU Rules Against Google in Enel Case (C‑233/23): Denial of Interoperability May Constitute Abuse of Dominance
The Court of Justice of the European Union (CJEU) has handed down its judgment in the case Enel Italia v Google (C‑233/23) some weeks ago. The Court held that a platform operator who refuses to ensure interoperability for third-party apps may abuse its dominant position, even if the platform is not indispensable for the commercial use of…
DMA Private Enforcement: Procedural Observations from the OLG Cologne
A few weeks ago, the Higher Regional Court (OLG) of Cologne rejected an application for preliminary injunctive relief filed by the Consumer Protection Association of North Rhine-Westphalia (VZ NRW). The full text of the decision has since become publicly available in German. A detailed case note will follow shortly on this blog, but some initial procedural…
The Next Browser War: What Does the DMA Say About It?
The Frankfurter Allgemeine Zeitung recently published a thought-provoking article on AI browsers and their growing competition with conventional web browsers. The piece speaks of an emerging “new browser war.” Below are two brief reflections on this development from the perspective of the Digital Markets Act (DMA). 1. Gatekeeper Designation of AI Browsers under the DMA If AI…
Digital Markets Act — What are virtual assistants?
For some weeks now, there has been considerable media interest in so-called intelligent chatbots. Whether these are really intelligent and whether the term “artificial intelligence” is appropriate at all is open to question. They impress with their access to training data and numerous possibilities for automation. WHAT ARE PERSONAL ASSISTANTS? But even that is not…