Miranda Cole

Miranda Cole

Miranda Cole is a partner based in the firm’s Brussels office.  She practices competition and communications law and policy, and has more than 15 years of experience in the field.  Ms. Cole’s competition law expertise encompasses merger control, actions under Articles 101 and 102 TFEU, advisory work and actions before the European courts in Luxembourg.

She has particular expertise in advising companies active in the technology and communications sectors in complex and strategic regulatory and policy matters, with particular expertise regarding the impact of evolving regulatory frameworks on new technologies and services.  In the communications sector she has extensive experience advising in connection with all aspects of European and international regulation, policy and competition law, and counselling in connection with the impact of regulation on transactions.

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The DSM mid-term Platform Proposals

The Commission published the mid-term review of its Digital Single Market strategy today. The report reviews the development of the strategy over the last two years, and announces a number of new initiatives, including initiatives relating to important areas where action is needed to address digitization, including: (i) the free flow and accessibility of data, … Continue Reading

German Ministry for Economy Publishes a White Paper on Digital Platforms

On 20 March 2017, the German Federal Ministry for Economic Affairs and Energy (the “Ministry”) published its Digital Platforms White Paper (the “White Paper” and launched a dedicated web portal), reflecting at least in part the results of its consultation on its Green Paper on Digital Platforms. The White Paper sets out several proposals for … Continue Reading

The European Commission’s Legislative Proposal on Audiovisual Media Services

In the context of its Digital Single Market (“DSM”) Strategy for the European Union (“EU”), the European Commission (“Commission”) published a proposal for an updated Audiovisual Media Services Directive (“AVMSD” or the “Directive”) on 25 May 2016 (the “Proposal”).  In its Communication on the DSM Strategy, the Commission indicated it would review the AVMSD “with … Continue Reading

The European Commission’s Approach to Online Platforms and the Collaborative Economy

In the context of its Digital Single Market (“DSM”) Strategy for the European Union (“EU”), the European Commission (“Commission”) published a Communication on Online Platforms and the Digital Single Market – Opportunities and Challenges for Europe (the “Communication”) on 25 May 2016.  The Communication sets out the Commission’s conclusions and proposals based on the Commission’s … Continue Reading

The European Commission’s Legislative Proposal on Unjustified Geo-Blocking

On 25 May 2016, the European Commission (“Commission”) unveiled a package of measures in the context of its Digital Single Market (“DSM”) Strategy for the European Union (“EU”) that included four legislative proposals designed to boost e-commerce in the EU by tackling unjustified geo-blocking, cross-border parcel delivery, consumer protection and EU audiovisual rules.  The package … Continue Reading

German Competition Authority Publishes a Working Paper on “Market Power of Platforms and Networks”

By Miranda Cole, Jennifer Boudet and Jérôme de Ponsay With the European Commission’s recent Digital Single Market (“DSM”) Strategy for the European Union (“EU”) announcements (including several legislative proposals and a Communication on Online Platforms and the Digital Market), a number of the Member States are also very active on the issues. Since the German … Continue Reading

Rules on Net Neutrality and Roaming Charges Finally Adopted

On 27 October 2015, the European Parliament adopted the new Telecoms Single Market legislation without a number of proposed amendments relating to net neutrality.  As a result, while the Regulation requires Internet service providers (“ISPs”) to “treat all traffic equally, without discrimination, restriction or interference, independently of its sender or receiver, content, application or service, … Continue Reading

German Monopolies Commission Publishes its Report on Digital Markets

Digital markets are currently the focus of much attention in the European Union (“EU”).  The European Commission recently unveiled its Digital Single Market Strategy, which incorporates DG COMP’s e-commerce sector inquiry. The issue of the regulation of digital markets, potentially beyond the application of competition law, is also being discussed at national level.  On 1 … Continue Reading

Ad Blocking Declared Legal: German Court Dismisses Discrimination Claims Brought by Publishers, but AdBlock Plus Maker Eyeo is Not Home Free Yet

The Regional Court in Hamburg rejected complaints by newspapers Zeit Online and Handelsblatt seeking to have Eyeo GmbH prohibited from selling its AdBlock Plus software. The ruling establishes the important principle that ad-blocking is legal, however there are other cases pending against AdBlock Plus in Germany that suggest that there may be more to come … Continue Reading

Dutch Competition Authority Updates Guidance on Distribution Agreements

On 20 April 2015 the Dutch Authority for Consumers and Markets (“ACM”) published new guidance regarding its enforcement priorities in relation to distribution agreements, noting that its enforcement efforts will be focused on agreements having the most significant impact on consumer welfare.  The 28-page document explains that before opening an investigation, the ACM will first … Continue Reading

FCO sends statement of objections to Booking.com

On 2 April 2015, the German Competition Authority (FCO) sent a statement of objections (SO) to Booking.com Deutschland GmbH in relation to its use of “best price” clauses in contracts with hotels in Germany.  The FCO takes the view that, following the decision of the Düsseldorf Higher Regional Court confirming the FCO’s decision in proceedings … Continue Reading

EU Announces E-Commerce Sector Inquiry

Competition Commissioner Margrethe Vestager announced today during a speech at the Bundeskartellamt (German Competition Authority) International Conference on Competition her intention to launch a sector inquiry in the e-commerce sector. The sector inquiry will be formally proposed to the Commission in May. Preliminary findings on the sector inquiry could be ready in mid-2016. Commissioner Vestager … Continue Reading

Competition in digital markets: head of the CMA urges to separate the signal from the noise

Speaking at last week’s CRA Competition Conference in Brussels, Alex Chisholm, Chief Executive of the UK Competition and Markets Authority (“CMA”), suggested that competition authorities confronted with antitrust allegations against tech giants should “separate the signal from the noise and the sound from the fury”.  His remarks were made against the backdrop of the ongoing … Continue Reading

Advocate General’s Opinion in Case C-170/13 – Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH

On 5 April 2013, the Landgericht Düsseldorf referred questions relating to injunctive relief over standard-essential patents (“SEPs”) to the Court of Justice (“CJEU”) in connection with a patent dispute between Huawei and ZTE relating to an alleged infringement by ZTE of a patent owned by Huawei and declared to be essential in connection with the … Continue Reading

Germany Closes Price Parity Investigation But Antitrust Scrutiny on Online Platforms Continues in Europe

On 26 November 2013, the German Federal Cartel Office (FCO) announced that it ended the probe into Amazon’s price parity policy (the “Policy”).  The Policy required that the price of an item offered by a retailer on Amazon’s online marketplace platform, Amazon Marketplace, should not be higher than the retailer’s lowest offer for that item … Continue Reading

What does the Commission’s Reuters Instrument Codes settlement mean for refusals to license essential inputs?

by Miranda Cole and Christos Malamataris On 20 March, the European Commission published its decision settling the Reuters Instrument Codes (“RICs”) Case.  The Commission’s investigation focused on whether the restrictions imposed by Thomson Reuters (previously Reuters) on the licensing of RICs amounted to the abuse of a dominant position (in breach of Article 102 TFEU) … Continue Reading

European Commission Consults on Revised Competition Regime for Technology Transfer Agreements

By John Wileur, Jennifer Boudet, and Miranda Cole The European Commission published for consultation its proposal for revisions to the EU technology transfer competition regime yesterday.  The Commission is consulting on its proposals until 17 May 2013. The EU’s approach to the application of competition law to technology transfer agreements is set out in two … Continue Reading

European Commission Sends Statement of Objections to Samsung

By Hee-Eun Kim, Jennifer Boudet, and John Wileur After launching a formal investigation almost a year ago, the European Commission sent a Statement of Objections (SO) to Samsung on 21 December 2012.  The Commission is taking a preliminary view that Samsung’s actions seeking injunctive relief against Apple in various EU countries based on its telecom … Continue Reading

E-Books Pricing: The EU Antitrust Chapter Is About To Close

The EU E-books antitrust probe is quasi-closed: the EU Commission announced yesterday that it accepted and made legally binding the commitments offered by Apple and four publishers to settle the investigation that was opened in December last year. The Commission was investigating whether the publishers may have colluded, with Apple’s facilitation, to jointly switch from … Continue Reading

European Commission’s Survey on Intellectual Property Enforcement Seeks Input on Potentially Anticompetitive Litigation

By Hee-Eun Kim On 30 November 2012, the European Commission launched a public consultation to assess the efficiency and accessibility of civil enforcement measures for intellectual property (IP) rights in the EU Member States.  Notably, the survey asks a number of questions on the use of injunctions and other enforcement measures for “frivolous and/or anticompetitive … Continue Reading

U.S., EU Officials Highlight Consensus on Need for Clarification of FRAND Commitments

Alongside the Article 102 TFEU standard essential patents (“SEP”) complaints that the European Commission is investigating against Samsung and Motorola Mobility, the European Commission, the U.S. Department of Justice and Federal Trade Commission are actively encouraging standards setting organisations to provide greater clarity regarding the scope and implications of FRAND commitments offered by SEP right … Continue Reading
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