Episode Summaries
1. The Status Quo
Ben Evans (Chair), Shruti Hiremath, Lauren Murphy and Sean Ennis
In the first episode, the panel sets out the layers of the AI stack and introduces at a high level some of the key competition concerns that have been raised at each layer.
2. Alternative Visions
Ben Evans (Chair), Shruti Hiremath, Lauren Murphy and Sean Ennis
In the second episode, the panel discusses the emergent ‘Eurostack’ approach and reflects on the approaches of different international jurisdictions, focussing in particular on the development of digital public infrastructures and the issue of sovereignty.
3. Dissecting Cloud Competition
Ben Evans (Chair), Shruti Hiremath, Lauren Murphy and Sean Ennis
In the third episode, the panel takes a deep dive into competition in the cloud sector with a focus on the concerns raised by the UK Competition and Markets Authority and exploring the approach taken by the EU in the recently enacted Data Act.
4. The EU Data Act and Cloud Analogies
Ben Evans (Chair), Shruti Hiremath, Lauren Murphy and Sean Ennis
In the fourth episode, the panel focusses on the cloud provisions contained in the EU Data Act, considers why analogies between cloud and open banking and telecoms may be inappropriate, and discusses the potential unintended consequences of regulatory intervention.
5. Dissecting AI Competition
Ben Evans (Chair), Shruti Hiremath, Lauren Murphy and Felipe Oquendo
In the fifth episode, the panel discusses the apparent vibrancy of competition in AI, explores reasons why some competition concerns may be unfounded, reflects on the AdTech experience, and explores insights from Brazil.
6. Mergers and Acquisitions
Ben Evans (Chair), Shruti Hiremath and Lauren Murphy
In the sixth episode, the panel discusses recent M&A developments in the UK and the EU, considers the scope for addressing certain types of transactions under UK and EU merger control and the EU Digital Markets Act, and touches on novel theories of harm.
7. The Path Ahead
Ben Evans (Chair), Shruti Hiremath and Lauren Murphy
In the final episode, the panel explores whether there is a need for new regulatory tools to protect competition and stimulate innovation in cloud and AI, with particular reference to the EU approach, and considers how intervention impacts incentives.
General disclaimer:
The views, opinions and insights expressed throughout this podcast are the individual speakers’ own and do not necessarily represent the views of the LIDC nor any of the organisations, companies, institutions or entitites with whom the speakers may be affiliated or the clients they represent. The content shared in this podcast is for informational and entertainment purposes only. The LIDC and the speakers are not offering professional advice, and listeners should seek professional guidance when necessary.
This podcast was recorded on 7 November 2024. The views and opinions expressed therein reflect the legal context and state of affairs up to that date. Any subsequent changes in the law or relevant developments may not be reflected in this discussion. We encourage listeners to seek out the latest information for the most current legal perspectives.
Speakers’ biography:
Chair – Ben Evans is a Postgraduate Researcher in the School of Law and Centre for Competition Policy at the University of East Anglia. He is particularly interested in EU and UK competition law, the regulation of digital markets, digital intellectual property law, and the development of laws relating to data, cloud computing and artificial intelligence. He has presented at leading international law and economics conferences and workshops, and his co-authored interdisciplinary research on the EU Data Act has been cited by the Autorité de la concurrence (French competition authority) and in notable law, economics and policy literature. He holds an LLM in IT and IP Law (Distinction).
Sean Ennis is Director of the Centre for Competition Policy and Professor of Competition Policy at the Norwich Business School of the University of East Anglia (UEA). He specialises in industrial organisation and regulatory governance. He previously worked as an economist at the OECD, the Competition Commission of Mauritius, the European Commission, and the U.S. Department of Justice’s Antitrust Division. In addition to his many research outputs, he has presented to organisations such as the G20, the OECD, the World Bank and the United Nations, along with providing his views to regulators and the European and UK Parliaments. He earned a PhD from UC Berkeley.
Shruti Hiremath is Counsel in the Clifford Chance Antitrust Team in London. She specialises in EU and UK competition law, advising leading companies on antitrust investigations, market studies and investigations, and merger control reviews. Her practice focuses on the digital and technology sector. Before joining Clifford Chance, Shruti worked as a competition lawyer in London, Brussels and India. Shruti is qualified to practise law in England and Wales, New York and India.
Lauren Murphy a data visionary with a legal background. Lauren sees data as a strategic asset, leveraging her legal expertise from leading law firms Clifford Chance and King & Wood Mallesons, to unlock data’s true potential while ensuring its value is protected at the same time. Lauren has crafted data strategies and governance frameworks for organisations across all industries, including Conde Nast, Amazon, 7-Eleven, Woolworths and the Australian Government. She excels at unlocking the hidden value in data while also ensuring value is protected – a winning combo!
Felipe Barros Oquendo is an attorney-at-law in Rio de Janeiro. Felipe’s practice focuses on litigation and consultation related to Intellectual Property and Unfair Competition, as well as Sports and Entertainment Law. Felipe has acted in several IP cases before the Brazilian Courts and has expertise in cross-border issues. In 2021, Felipe was elected one of the Vice-Presidents of the LIDC and to the council of the Brazilian Industrial Property Association ABPI. He also has served as coordinator of the Commission for Studies on Unfair Competition of the ABPI (2014-2021), and as National Rapporteur for the LIDC (2015-2021).
