ACCC
ACCC, 'ACCC examining vital questions in media and advertising' (3 July 2018) ➤
ACCC, 'Digital platforms inquiry submissions published' (3 May 2018) ➤
ACCC, 'ACCC seeking views on news and digital platforms inquiry' (26 February 2018) ➤
ACCC, 'ACCC commences inquiry into digital platforms' (4 December 2017) ➤
Speeches
Rod Sims, ‘The Digital Platforms Inquiry: Melbourne Press Club speech’ (13 August 2019) ➤
Rod Sims, 'Gilbert & Tobin seminar: the data economy' (15 October 2018) ➤
Delia Rickard, 'The ACCC and the Net Economy' (The Business of Media Summit, 27 February 2018) ➤
Government
‘Have your say on digital platforms’ (1 August 2019)
Announcement of consultation process post release of final report.
Josh Frydenberg MP (Treasurer), 'Release of the ACCC Digital Platforms Report' (26 July 2019) ➤
Academic commentary
Articles, working papers and notes
After release of final report
Caron Beaton-Wells, 'Ten Things To Know About The ACCC’s Digital Platforms Inquiry' (CPI, 6 August 2019) (or at SSRN) ➤
Abstract: The Australian Competition and Consumer Commission has completed its landmark inquiry into Digital Platforms and produced a lengthy final report with extensive recommendations to Government. This short note reflects on why the inquiry is considered ground-breaking and crystallises its major findings and recommendations into ten key take-outs as they relate to competition in relevant markets. The analysis finds good reason for the international interest that the inquiry has attracted. The final report confirms a growing global consensus on the dominance of Google and Facebook in online activity. It commits the ACCC to a long term program of capacity-building to meet the competition law enforcement challenges posed by digital markets. However, it takes a cautious approach on regulating for competition. At the same time, the ACCC recommends a suite of regulatory measures to deal with market failures involving asymmetric information and bargaining power affecting consumers and business users.
Julie Clarke, ‘Australia’s Digital Platform Inquiry: We’ve Only Just Begun’ (2019) 3(2) Competition Policy International 1 (PDF)
Introduction: Between 2017-2019 the Australian Competition and Consumer Commission conducted a “world first” inquiry into digital platforms and their impact on media and advertising services markets. Its focus was Google and Facebook reflecting, their “influence, size and significance” in Australia. Concluding that these platforms have market power, the Final Report makes a raft of recommendations traversing competition, consumer, privacy, media, and broader public interest concerns. …
Terry Flew, ‘Technology and Trust: The Challenge of Regulating Digital Platforms’ (Available at SSRN, 17 August 2019) ➤
Abstract: This paper considers issues around digital platforms and their ethical responsibilities in the context of a wider crisis of institutional trust in liberal democracies. It discusses options for external regulation as self-regulation appears to have failed, which include industry codes of practice, the application of 'soft law', regulation through media policy, and international governance frameworks.
Graham Greenleaf, David F Linday, Bruce Arnold, Roger Clarke, Katherine Lane, Nigel Waters, Elizabeth Coombs, ‘Regulation of Digital Platforms as Part of Economy-Wide Reforms to Australia's Failed Privacy Laws (Australian Privacy Foundation Submission to the Australian Government on Implementation of the ACCC's Digital Platforms Inquiry—Final Report) ➤
Abstract: This is the final submission to the Australian Government by the Australian Privacy Foundation (APF) on the final report of the Australian Consumer & Competition Commission (ACCC) Report on regulation of digital platforms. APF welcomes the contribution made by the ACCC to improving the understanding of how the protection of privacy is central to addressing anti-competitive concerns and consumer protection in the data economy. APF's primary focus in this submission is on the consumer privacy aspects of the Inquiry, but with an eye to the issues of market power, and the trust that is fundamental for public administration in online environments. The APF strongly supports the ACCC's analysis and recommendations, across the board. …
Matthew Lees, ‘Extra! Extra! Read All About It! How the Media Bit Back in the ACCC’s Digital Platforms Inquiry and What It Means for Media Diversity in Australia’ (CPI’s Oceania Column', October 2019) ➤
Introduction: ‘While the final report by the Australian Competition and Consumer Commission (“ACCC”) in its digital platforms inquiry addresses various important issues relating to digital platforms, the inquiry is perhaps more revealing for what it tells us about the relationship between competition policy and another industry: news media and journalism. …’
Before release of final report
Rod Sims, ‘The regulator: Dealing with the digital giants’ (2019) 35(2) Company Director 50
Graham Greenleaf, Anna Johnston, Bruce Arnold, David F Lindsay, Roger Clarke, Elizabeth Coombs, ‘Digital Platforms: The Need to Restrict Surveillance Capitalism (Australian Privacy Foundation Submission to the Australian Competition and Consumer Commission (ACCC) – Digital Platforms Inquiry – Preliminary Report’ (SSRN, 22 February 2019) ➤
Abstract: On 4 December 2017, the Australian government directed the Australian Competition and Consumer Commission (ACCC) to conduct an inquiry into digital platforms. … This submission by the Australian Privacy Foundation (APF) has been prepared by the above-listed authors with expertise in privacy-related issues, and focuses on the ACCC recommendations that are particularly relevant to privacy issues. The APF gives general support to all of the draft Recommendations made by the ACCC, but makes the following eighteen specific submissions as to how those recommendations should be strengthened …
John M Yun, Douglas H Ginsburg, Joshua D Wright, Tad Lipsky, ‘Comment of the Global Antitrust Institute, George Mason University School of Law, on the Australian Competition & Consumer Commission's Digital Platforms Inquiry, Preliminary Report’ (George Mason University Law and Economics Research Paper Series, 19-04, 22 January 2019) ➤
Abstract: This Comment is submitted to the Australian Competition & Consumer Commission (ACCC) for consideration in relation to its Digital Platforms Inquiry, Preliminary Report (2018). We detail several fundamental methodological shortcomings and analytical gaps in the Preliminary Report, which ultimately do not support the recommendations considered for implementation. The GAI Competition Advocacy Program provides a wide range of recommendations to facilitate adoption of economically sound competition policy.
Samson Esayas, Dan Svantesson, ‘Digital platforms under fire: What Australia can learn from recent developments in Europe’ (2018) 43(4) Alternative Law Journal 275-282 ➤
Abstract: There is a clear trend of a hardening attitude towards digital platforms. In Australia this trend is exemplified by the Australian Competition and Consumer Commission’s current inquiry specifically into digital platforms. Further, it can also be seen in court decisions. Having discussed one such court decision, we give a brief overview of the Australian Competition and Consumer Commission’s digital platforms inquiry. We then seek to bring attention to a selection of particularly relevant European developments that may usefully inform how Australia proceeds in this arena and that may be considered in the Australian Competition and Consumer Commission’s final report due to be provided to the Treasurer on 3 June 2019.
Opinion pieces
After release of final report
Caron Beaton-Wells, 'ACCC doubles down on digital platforms' (Pursuit, 29 July 2019) ➤
Before release of final report
Law firm commentary
After release of final report (chronological)
(including media on subsequent Treasury consultation)
Baker McKenzie, ‘Digital Platforms Inquiry Review: What it Means for Australian Businesses and Consumers’ (7 November 2019) ➤ (video dated 25 October)
Clayton Utz, 'The ACCC"s Digital Platforms Inquiry Final Report: Briefing Note' (August 2019) (PDF) ➤
Baker McKenzie, ‘Digital Platforms Inquiry: Final Report Released’ (1 August 2019) ➤
Gilbert + Tobin, 'Digital reform unfolds | ACCC releases Final Report on Digital Platforms Inquiry' (26 July 2019) ➤
Includes great comparison of the interim and final report recommendations
Before release of final report
McCullough Robertson, 'Digital Platforms Inquiry by ACCC' (The Handshake, 7 March 2018) ➤
Media
After release of final report
Max Mason, ‘Google claims it offers billions of clicks, hits back at ACCC’ (AFR, 17 September 2019) ➤
Max Mason, ‘Google, Facebook, Twitter hit back at ACCC’ (AFR, 12 September 2019) ➤
Isobel Roe, 'ACCC move to regulate digital giants in line with global trends' (ABC Radio, 27 July 2019) ➤
Downloadable 4.23min interview featuring Prof Caron Beaton-Wells (Melbourne Law School), Tomaso Fachetta (Privacy International), Mark Zuckerberg (indirectly) (Facebook), Leah Mooney (ID Care)
Simon Benson and Leo Shanahan, 'Tech giants to face shake-up' (The Australian, 26 July 2019, p 8)
After the release of the preliminary report
John Durie, 'All eyes turn to ACCC boss's report on digital platforms' (The Australian, 28 June 2019, page 32)
Paul Wallbank, 'Does breaking up Google make sense?' (Mumbrella, 13 March 2019) ➤
Chanticleer, 'Rupert Murdoch steps up anti-Google campaign' (Chanticleer, 12 March 2019) ➤
'Google rejects ACCC call for scrutiny, denies market power' (IT news, staff writer, 5 March 2019) ➤
Cat Fredenburgh, 'Google, US groups slam ACCC's digital platforms report' (Lawyerly, 4 March 2019) ➤
Orlaith Costello, 'Google hits back at ACCC' (Channel news, 22 Feb 2019) ➤
Belinda Tasker, 'ACCC calls for crackdown on tech giants' (Norther Daily Leader, 10 December 2018) ➤
Sarah-Jane Tasker, 'Tech titans face crackdown' (The Australian, 10 December 2018, page 2)
After the release of issues paper and related submissions
Lilly Vitorovitch, 'ACCC signs off on probe of tech giants' platforms' (The Australian, 3 December 2018, p 26).
Anthony Fitzgerald, 'Big Tech hits news media - TV next?' (AFR, 3 June 2018) ➤
James Panichi and Laurel Henning, 'Xerox’s boardroom scuffle set to continue; Australian media’s Facebook fracas' (mLex Podcast, 9 May 2018) ➤ (18:55 mins - mainly from 7:15 mins)
Darren Davidson, 'Industry response to digital inquiry' (The Australian, 3 May 2018) ➤
Max Mason, 'Google, Facebook distorting advertising markets, ACCC told' (AFR, 3 May 2018) ➤
Darren Davidson, 'ACCC to reveal submissions into Google and Facebook' (The Australian, 2 May 2018) ➤
Max Mason, 'Google helping publishers, Facebook 'less progress': Fairfax Media' (AFR, 2 May 2018) ➤
Jennifer Duke and John McDuling, 'Google defends role in media amid ACCC probe' (SMH, 23 April 2018) ➤
Darren Davidson, 'Seven takes battle to tech giants' (The Australian, 23 April 2018) ➤
Tony Boyd, 'Facebook parries ad market "dominance" claims' (AFR, 22 April 2018) ➤
John McDuling, 'The disconnect beneath Facebook's month from hell' (SHM, 22 April 2018) ➤
Mark Day, 'All eyes on ACCC inquiry into tech giants' (The Australian, 2 March 2018) ➤
Max Mason, 'ACCC to probe how Facebook, Google hurt quality journalism' (AFR, 26 February 2018) ➤
After release of terms of reference
Jennifer Duke, 'Facebook, Google set for ACCC probe over media disruption' (SMH, 4 December 2017) ➤
Max Mason, 'ACCC starts inquiry into technology giants Google and Facebook (AFR, 4 December 2017) ➤
Prior to release of terms of reference
Tom Burton, 'Tech Titans v Media Moguls' (The Mandarin, 28 September 2017) ➤
AAP, 'Media reforms set to pass Senate' (SkyNews, 14 September 2017) ➤
Podcasts
Lynsey Edgar, Adrian Lawrence and Allison Manvell, ‘Competition, Mergers and Acquisitions Review’ (Boardroom Media, 25 October 2019) (13.34 mins) ➤
Abstract: Adrian Lawrence, Lynsey Edgar and Allison Manvell discuss how the ACCC's Final Report of its Digital Platforms inquiry might change the competition and consumer regulatory landscape.
Andrew Stewart, Allison Manvell and Eli Fisher, ‘Copyright and Media Regulation Review’ (Boardroom media, 25 October 2019) (10 mins) ➤
Abstract: Andrew Stewart, Allison Manvell and Eli Fisher discuss how the ACCC's Final Report of its Digital Platforms inquiry affect the copyright industries and the way content creators can commercialise and protect their works in a digital platform environment.
Andrew Lawrence, Allison Manvell and Eli Fisher, ‘Data and Privacy Review’ (Boardroom Media', 25 October 2019) (15 mins) ➤
Abstract: Adrian Lawrence, Allison Manvell and Eli Fisher provide insights into how the Digital Platforms Inquiry may change the way that personal information is used and collected and the impact this might have on businesses that rely on personal data.
Caron Beaton-Wells with Morag Bond and Kate Reader, ‘Downunder’s Dive into Digital Platforms’ (18 September 2019) ➤
Abstract: ‘… In this episode you will hear from Morag Bond and Kate Reader, the joint general managers of the Inquiry team. We discuss the methods employed for information-gathering in the Inquiry, how hotly contested issues were dealt with and the thinking behind the key conclusions and proposals for reform. …’
James Panichi and Laurel Henning, 'Australia Finalises Landmark Facebook, Google Report' (mlex podcast, 31 July 2019) (23mins) ➤
Abstract: ‘The Australian government has published the Australian Competition & Consumer Commission’s landmark report into the influence of Facebook and Google on the country’s media and advertising industries. If the government adopts the ACCC’s 23 recommendations, the digital platforms could face some of the toughest M&A requirements in the world, and have to work on industry codes of conduct with regulators that would include giving consumers more control over their data.’
James Panichi and Laurel Henning, ‘Facebook, Google brace for the release of Australia’s ground-breaking digital platforms report’ (mlex podcast, 17 June 2019) ➤(22.33 mins)
Abstract: ‘It has been a year and a half since the Australian government told its competition watchdog to investigate the impact of digital platforms including Facebook and Google on the country’s media and advertising issue, and now the regulatory is preparing to hand its final report to government. Among the expected recommendations are the creation of a digital-platforms regulator, or an expanded role for existing regulators to take on the technology giants, along with tighter privacy protections and clearer guidelines to oversee acquisitions of nascent rivals by established online platforms. What started off as a narrowly focused examination of the decline of the newspaper industry has ballooned into a comprehensive list of regulatory remedies to counter the platforms growing presence on different Australian markets.’
Caron Beaton-Wells with Sam Knox, ‘What’s the “right” regulation for Facebook?’ (Competition Lore Podcast, 20 February 2019)
Abstract: ‘… In this episode, Facebook’s Associate General Counsel, Competition, Sam Knox explains why the social media giant regards many of the findings to be flawed and why the proposed new measures are either misguided or may in fact harm consumers. …’
Caron Beaton-Wells with Katharine Kemp, ‘Platforms, ads and the media?’ (Competition Lore Podcast, 13 February 2019) ➤
Abstract: ‘… The Australian Competition and Consumer Commission has been conducting an inquiry into the impact of digital platforms on media and advertising markets and has recently released its preliminary report. In this episode Dr Katharine Kemp from the University of New South Wales steers us through the detailed maze of factual and legal analysis and draws attention to the key findings and principal recommendations as they relate to advertisers and news organisations. …’
Caron Beaton-Wells with Rod Sims, ‘Are digital platforms destroying the news? The ACCC inquires ..’ (Competition Lore Podcast, 1 August 2019) ➤
Abstract: ‘… In this episode of Competition Lore, Rod Sims outlines what’s involved in scrutinising the platform goliaths, while admiring their business models and balancing the expectations of stakeholders. …’
James Panichi and Laurel Henning, 'Xerox’s boardroom scuffle set to continue; Australian media’s Facebook fracas' (mLex Podcast, 9 May 2018) ➤ (18:55 mins - mainly from 7:15 mins)
Abstract: ‘… Australia’s media industry has had a chance to vent its frustrations with digital platforms Facebook and Google, with one prominent newspaper publisher calling the US companies anticompetitive purveyors of fake news.’