is President of Turkewitz Consulting Group. A copyright activist and member of the Artist Rights Alliance, he served as EVP International at the Recording Industry Association of America (RIAA); was Vice-Chairman, Industry Trade Advisory Committee; and is a former member of the Board of the Chamber of Commerce’s Global Intellectual Property Center.
On June 2, the European Commission launched a far-reaching consultation as part of its examination of a forthcoming Digital Services Act (DSA), aimed at identifying areas where new rules at the European level might advance the interests of European societies. Part of that examination was specifically aimed at considering the application of ex ante regulation of dominant platforms. To this end, the impact assessment will examine different policy options for the effective ex ante regulatory framework that ensures that online platform ecosystems controlled by large online platforms that benefit from significant network effects remain fair and contestable, in particular in situations where such platforms may act as gatekeepers. I do not intend to address the framing of the consultation here, nor to discuss the potential relative merits and/or drawbacks of ex ante regulations in this area. Perhaps another day. For the moment, I just want to focus on Google’s fascinating response to this request for comments.