Shaping Competition in the Digital Age (SCiDA)
In this episode, Anush Ganesh sits down with Tim Cowen, Chair of the Antitrust Practice at Preiskel and Co, for a wide ranging conversation shaped by his decades of experience across telecoms and technology regulation. We deep dive into Tim's time leading BT's competition and public policy team through the liberalisation of the EU telecoms market and use that grounding to explore how those lessons translate, or fail to translate, to his experience on digital markets today. Tim also draws on his direct experience working on the Microsoft and Google cases, offering a first hand perspective on some of the most significant enforcement actions in the sector's history. The conversation also brings in the US, and Tim discusses how politics has shaped the direction of US antitrust enforcement in recent years. He reflects on how this has, in turn, disrupted the trajectory of EU and UK competition law, and how little the US has done to support investment in the space. Alongside this, Tim discusses the remarkable growth of US tech platforms and what that growth says about the regulatory environment they have operated in. We also discuss the move from ex post to ex ante laws, where Tim pushes back on the framing itself, arguing that there is no such thing as a purely ex post or purely ex ante law. The conversation then moves to the CMA's approach to enforcement, where Tim is remarkably candid about what he sees as a hands off posture from the regulator and what that means for digital markets going forward. We also touch on the state of private enforcement in the UK and where AI is heading in competition debates. Listen here to one of the most candid views on the enforcement of competition law and digital regulations in the UK and EU.
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