MLex

MLex is an independent media organization providing exclusive market insight, analysis and commentary on regulatory risk, and what it means for business.

29/08/2024

💡 'Generative systems such as OpenAI’s ChatGPT and Google’s Gemini have been developed in a legal gray area over the use of copyright-protected content for model training that will eventually come to an end. AI companies needing access to high-quality data to build cutting-edge models will have to come to terms with rights holders becoming extremely careful about protecting their content. But satisfying both sides is a complex challenge that won't happen overnight.'

🔓 Access newly ungated analysis by Luca Bertuzzi now ⬇

https://lnkd.in/ej3cwzSK

29/08/2024

🔎 In a decision likely to reverberate widely, a US appeals court recently dealt a blow to Google and other Internet companies fighting privacy litigation by declaring that privacy disclosures must be clear to a typical consumer, and that companies face liability if they rely on complicated, multi-layered policies.

🔓 Published to our subscribers last week, we've now ungated a piece of deep-dive analysis by Xu Yuan and Mike Swift on the ramifications of the litigation ⬇

https://lnkd.in/eGrdyepM

21/08/2024

🔎 'South Korea was an early starter in the development of artificial intelligence but now fears losing the race as countries outside the US and China are fast catching up with multi-billion-dollar support packages, South Korea's most influential expert at Naver warned. Ha Jung-woo, who heads the tech giant's AI development operations, recommended during an interview with MLex that the government and parliament focus on legislating lower-level laws to promote the AI industry and educate users, rather than spending time and energy trying to enact an all-encompassing basic AI law. He said Naver is pushing for the concept of "sovereign AI" as a business model and has already scored some success in winning contracts from countries concerned about technological dependence on superpowers.'

Access newly ungated analysis from Choonsik Yoo now ⬇

https://lnkd.in/e9z_gxqm

20/08/2024

📢 In case you missed it, earlier this month MLex reported that EU imports of Russian gas increased in the first half of 2024 compared to the same period last year, contradicting the European Commission’s objective to stop funding Russia’s war in Ukraine with the bloc’s fossil-fuel purchases.

🔓 Read the newly ungated, data-driven exclusive from Stefano Porciello now ⬇

https://lnkd.in/ebtW6iWh

19/08/2024

🔎 'A US judge and antitrust enforcers at the U.S. Department of Justice now have the delicate task of designing an appropriate remedy to right the wrongs caused by Google's monopoly and inject competition back into the Internet search services market. The DOJ has multiple potential remedies available to pitch to the judge, including banning Google from entering any exclusivity deals. But if District Judge Amit Mehta decides Google also needs to be hived off into smaller entities, the 132-year-old breakup of Standard Oil and the 40-year old split of AT&T into seven parts can provide a blueprint.'

Access in-depth analysis from Khush*ta Vasant now ⬇

https://lnkd.in/emW9TNXe

19/08/2024

'In recent months, Australia’s antitrust legal fraternity has been up in arms over what it sees as a lack of “procedural fairness” in the country’s new, soon-to-be-legislated merger-control regime. In the current policy environment, though, they may be wasting their breath. With the government actively promoting an ambitious new industrial policy agenda as the economic centerpiece of its reelection strategy, the move to an administrative merger regime may be better understood as a local manifestation of a wider global shift towards greater state intervention in key industries and markets.'

In case you missed it, we've now ungated this deep dive from Ryan Cropp ⬇

https://lnkd.in/ed7e8fBK

05/08/2024

🔎 'Meta Platforms' $1.4 billion settlement with the Texas attorney general over its use of facial-recognition technology drew attention because of the unprecedented size of the privacy settlement with a state regulator. But the settlement agreement also includes a new “notice and dispute resolution” system that would give Meta legal certainty going forward for how it could use biometric data without running afoul of Texas biometric privacy laws.'

🔓 Access in-depth analysis from Mike Swift on the fine print of the settlement now ⬇

https://lnkd.in/eA__nSN2

05/08/2024

🔎 'Dominant companies engaging in exclusive dealing, aggressive pricing and certain forms of tying will face a stiffer test to fend off EU competition enforcers now the European Commission has unveiled draft guidelines designed to draw clearer categories of harmful conduct. The 55-page overview of dominance law will be contentious among large companies, which have pushed the EU regulator to prove — and not just presume — their behavior hurts competition.'

🔓 Access ungated analysis from Lewis Crofts and Nicholas Hirst now ⬇

https://lnkd.in/eRAnYX2w

01/08/2024

💻 Federal legislation targeting the spread of illegal deepfakes made with artificial intelligence should provide a safe harbor to encourage social media and other online platforms to take them down, the US Copyright Office has suggested.

Access the full story from MLex senior correspondent Xu Yuan now ⬇

https://lnkd.in/excpBNHh

31/07/2024

📢 The Competition Litigation Conference returns to London on Friday 20 September, hosted by MLex, Freshfields Bruckhaus Deringer and Brick Court Chambers. We're thrilled to confirm keynote addresses from Mr Justice Michael Green and Jessica Radke, Deputy General Counsel at the Competition and Markets Authority.

🎤 With panels moderated by Lewis Crofts, Natalie McNelis, Simon Zekaria and Robert McLeod, the event will feature a host of prominent legal speakers discussing:

🔎 Antitrust litigation — the year in review
🔎 Economics in the dock
🔎 Collective and other representative proceedings
🔎 Digital markets

📅 20 September 2024
🕣 08:30 - 17:30, followed by drinks reception

🎫 Purchase your tickets now at the link below ⬇

https://lnkd.in/dggCezrk

25/07/2024

🌍 The Net Zero Insurance Alliance, a UN-led collaboration between the world’s largest insurers and reinsurers, was supposed to showcase a global industry coming together to address climate change. Instead, it demonstrates how mixed messages are scaring off environment-friendly cooperation, writes Andrew Boyce. In the EU, companies have been guided by antitrust regulators on how to cooperate on sustainability initiatives. In the US, political pressure and tightly restricted antitrust enforcement has scared them off.

🔓 Published to MLex subscribers earlier this month, we've now ungated this deep dive ⬇

https://lnkd.in/eUxryQPj

18/07/2024

🔎 After five long years of litigation, it might seem like there's little left to be said about Epic Games’ global antitrust battle with Apple and Google. But with Epic’s 16-week Australian super-trial having recently wrapped up, the work has only just begun for Jonathan Beach, the judge now tasked with resolving this particular iteration of the hashtag developer's international app-store campaign.

🔓 We've now ungated deep-dive analysis by Saloni Sinha and Ryan Cropp on the potential ramifications of the decision—alongside a curated selection of highlights from our blow-by-blow reporting during what's proven to be an intense four months for Big Tech and antitrust ⬇

https://lnkd.in/dHNyhYrq

16/07/2024

🔎 In an exclusive interview with senior AI correspondent Choonsik Yoo, South Korea's Second Vice Minister of Science and ICT Kang Do-hyun discusses the country's proposed comprehensive law, the potential need for a global governance agency, and the technical hurdles facing the technology today.

🔓 Access ungated insights from the interview now ⬇

https://lnkd.in/dgi_rPuc

15/07/2024

🔎 In an exclusive interview with Sakamaki Sachiko and Toko Sekiguchi, Japan Fair Trade Commission chairman Kazuyuki Furuya discussed the importance of preparations for the country's new smartphone law, plans to launch a deep dive into Japan's market, and the JFTC's pursuit of subcontract law violations.

🔓 We've now unlocked insights from the interview ⬇

https://lnkd.in/eXBp5uHf

09/07/2024

📢 With France's politics and relations with the EU uncertain after its main political parties failed to win an absolute majority in the second round of legislative elections, MLex journalists have been digging into the likelihood of long-term turbulence in the regulatory landscape.

🔓 We've now ungated invaluable insights from Jean Comte, Matthew Newman, Stefano Porciello, Óscar Pandiello and Luca Bertuzzi across , , , and ⬇

https://lnkd.in/eJ2n6e6Q

02/07/2024

📢 Last week, the US Supreme Court overturned 40 years of precedent that allowed federal agencies to reasonably interpret ambiguous laws, instead giving courts the power of interpretation that will limit regulatory authority across the federal government aimed at ensuring financial stability, protecting clean air and water, and preserving food and drug safety.

🔎 Dive into the regulatory implications now, with newly ungated deep-dive analysis by Madeline Hughes, Samuel Rubenfeld, Khush*ta Vasant and Neil Roland ⬇

https://lnkd.in/eYyj965w

01/07/2024

🏭🚘✈ A 90 percent cut in emissions in the EU by 2040 is possible but the European People's Party accord is not unconditional, key lawmaker Peter Liese told MLex's Stefano Porciello in an interview last week.

Liese also talked about plans to integrate negative emissions in the EU emission trading system, his party’s crusade in favor of the combustion engine, the EU carbon border tax and sustainable jet fuel law.

🔎 Read our newly ungated article now ⬇

https://lnkd.in/ek2iZ75C

27/06/2024

🖥 Earlier this week, senior AI correspondent Luca Bertuzzi reported that AI companies including OpenAI, Meta and Anthropic might face civil liability for their models, as the EU recently updated its product liability regime to cover software.

💡 In a newly ungated deep dive, Luca writes that applying civil liability to this fast-moving technology and its complex value chain carries plenty of question marks, and downstream economic players might be those facing the bulk of the responsibilities. Check out his analysis now ⬇

✍ https://lnkd.in/eTEZMYK2

24/06/2024

🛍 'The US Federal Trade Commission may find support in the European Commission’s published decision in the Tapestry-Capri deal that basically confirms the market definition the agency is seeking to prove in court in its challenge against the handbag makers’ merger, but the differences between the markets in the two jurisdictions are significant and justify the disparate outcome.'

Check out newly ungated analysis from MLex now, as Flavia Teixeira Fortes and Ilana Kowarski compare the US and European markets at play 👇

https://lnkd.in/etnPZV3y

24/06/2024

👩‍💻 'The US Protecting Americans’ Data from Foreign Adversaries Act represents a shift toward data protection being seen as not just a consumer protection issue, but a national security one as well. PADFA reflects the new geopolitical reality that personal data won’t just be the oil of the 21st Century — it could often comprise the bullets, as well.'

With PADFA now in effect, we've ungated Mike Swift's deep dive, originally published to MLex subscribers last week 👇

https://lnkd.in/e5pE2g9u

19/06/2024

🔎 How will the EU’s rules on models ripple down the value chain?

The recently adopted AI rulebook includes regulations for providers of general-purpose AI models including OpenAI, Anthropic and Mistral AI.

While the scope of these duties is defined in the legal text, there's a possibility for broader interpretation in the future due to a last-minute addition to the law's chapeau — a non-binding section meant to clarify the applicability of the rules.

✍ Check out newly ungated analysis by senior AI correspondent Luca Bertuzzi now 👇

https://lnkd.in/ez3hsgWq

18/06/2024

📢 With the UK gearing up for election day on 4 July, we've now ungated critical insights on the future of regulation across AI and technology, online safety, mobility and green energy, financial crime and financial services 👇

https://lnkd.in/excjS9Vq

🔎 AI worries not a headline issue for UK voters, but lawmakers are feeling pressure to act

🔎 'Ill-equipped' tech regulators and AI legislation on agenda for UK's Labour party

🔎 Social media, online safety among policy ambitions in UK Conservative party's manifesto

🔎 UK phaseout of new gasoline, diesel cars restored to 2030 under Labour plans for green energy

🔎 UK fraud fight looks stagnant whichever party wins power next month

🔎 Tech companies to be a focus of new UK fraud strategy, Labour pledges in election manifesto

🔎 UK financial services offered little new policy in ruling Conservatives' election manifesto

🔎 UK banks would see mandatory climate transition plans under a Labour administration

✍ Analysis by Jakub Krupa, Frank Hersey, Martin Coyle, Sofia Gerace and Phoebe Seers.

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13/06/2024

📢 Hot on the heels of the EU elections and a striking shift to the right, MLex journalists have been teasing out the potential ramifications for business across AI & digital, mergers, trade, finance, energy and more.

🔦 Access our deep dive now, featuring ungated analysis from Luca Bertuzzi, Sara Brandstätter, Sam Clark, Óscar Pandiello, Jean Comte, Stefano Porciello and Nicholas Hirst 👇

💡 https://lnkd.in/eQ8vREF8

13/06/2024

🗞 Broadcom Software's virtualization unit VMware is facing allegations before China's antitrust regulator that the software maker abused its market dominance, MLex has learned. Chinese enforcers are assessing accusations that VMWare engaged in abusive practices such as bundling, discriminatory treatment and imposing unfair trading conditions, it is understood.

🔑 Newly ungated, you can check out the exclusive from Yonnex Li now 👇

https://lnkd.in/e9qRiS_K

12/06/2024

🗞 Deutsche Lufthansa’s bid to take over the successor of Italy’s perennially failing airline Alitalia has created the perfect political storm for Europe's competition enforcers, writes Nicholas Hirst.

Bending the EU rulebook to approve the deal may help European Commission President Ursula von der Leyen secure a second mandate, but it could also defuse political threats to rewrite the rules.

You can access the in-depth analysis now 👇

https://lnkd.in/eNx3ZA4z

12/06/2024

📢 On Monday, Senior AI Correspondent Luca Bertuzzi broke the news that the EU’s flagship AI Act is set to be officially published only in the second half of July, meaning it will enter into force in August this year.

The AI law will be signed off tomorrow. Still, the European institutions have a significant backlog of legislation to work off before its publication in the official journal.

🔑 We've now ungated Luca's story 👇

https://lnkd.in/eADEVxEp

06/06/2024

🌎 Last week, a Virginia state court judge ruled that a defamation lawsuit filed by former Federal Trade Commissioner Joshua Wright against two former students and colleagues who accused him of sexual misconduct can proceed.

🗞 MLex has been at the forefront of reporting on the proceedings, with scoops on filings and detailed analysis from our specialist reporters attending the hearings in Virginia.

👇 We've now ungated the latest from Ben Brody

https://lnkd.in/dNsQd5a7

05/06/2024

📢 Last week Khush*ta Vasant broke the news that the Federal Bureau of Investigation had conducted an unannounced inspection at Cortland Management in Atlanta as part of a criminal antitrust investigation by the U.S. Department of Justice into a conspiracy to artificially inflate rents for apartment units.

👇 You can now read the ungated scoop 🔑

https://lnkd.in/ewbkFMRA

05/06/2024

💻 Last week Nicholas Hirst dug into the UK Competition and Markets Authority's merger decision not to probe Microsoft’s investment into Mistral AI, writing that, though it ought to have been good news for tech companies in the space, it’s left some of them feeling quite queasy, worried about a chilling effect on investments, at least until further decisions clarify the law of the land.

We've now ungated his analysis 👇

https://lnkd.in/engQBweP

29/05/2024

👩‍💻 Two months after the EU passed landmark legislation regulating the use of AI in 27 countries, Colorado became the first US state to enact a law building on the EU’s risk-based approach. It probably won’t be the last. EU officials are working with lawmakers and regulators in California and other states hoping to pass similar legislation to put guardrails around AI that could threaten fundamental human rights. 🌍🌎

Read ungated analysis from Amy Miller now 👇

https://lnkd.in/gxm4PMw5

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Last week, our Future Mobility Senior Correspondent Jakub Krupa chaired a panel at the Annual Automotive Law Update. The panel discussed the most topical issues within the automotive industry. MLex is the premium provider of investigative reporting and forward-looking analysis on the major regulatory trends shaping the future of mobility. Click here to find out more about MLex’s Future Mobility Service: https://bit.ly/3afUaIy Thanks to Radius Law and The Motor Ombudsman for organising a brilliant event. #FutureMobility #ConnectedVehicles #AutomotiveIndustry #Automotive #DriverlessCars #ElectricCars #ElectricVehicles