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ARTICLE · 18 JANUARY 2024

Interoperability A Key Concern For Competition Authorities Around The Globe

Mayer Brown
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The US Federal Trade Commission wound down 2023 by emphasizing its focus on the potential competition and consumer protection effects of companies' efforts to limit the interoperability...

United StatesAntitrust/Competition Law
Daniel T. Fenske
Daniel T. Fenske
Rachel J. Lamorte
Rachel J. Lamorte
Aymeric de Moncuit
Aymeric de Moncuit
Megan E. Stride
Megan E. Stride
Lauren E. Knudson
Lauren E. Knudson
Daniel Vowden
Daniel Vowden
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The US Federal Trade Commission wound down 2023 by emphasizing its focus on the potential competition and consumer protection effects of companies' efforts to limit the interoperability of their products and services. In late December, the FTC's Office of Technology and Bureau of Competition warned that that agency will particularly scrutinize instances "[w]here dominant market participants use privacy and security as a justification to disallow interoperability and foreclose competition[.]"

Just a few months earlier, the European Commission outlined its own approach to interoperability under the EU Digital Markets Act ("DMA"), and identified the "gatekeeper" companies in the digital platform space to which the DMA's requirements will apply. A similar approach in the United Kingdom appears likely.

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