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Miranda Cole

Miranda Cole is a partner based in the firm’s Brussels office.  She practices competition and communications law and policy, and has more than 15 years of experience in the field.  Ms. Cole’s competition law expertise encompasses merger control, actions under Articles 101 and 102 TFEU, advisory work and actions before the European courts in Luxembourg.

She has particular expertise in advising companies active in the technology and communications sectors in complex and strategic regulatory and policy matters, with particular expertise regarding the impact of evolving regulatory frameworks on new technologies and services.  In the communications sector she has extensive experience advising in connection with all aspects of European and international regulation, policy and competition law, and counselling in connection with the impact of regulation on transactions.

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The CMA’s Guidance on Merger Assessments During the Coronavirus (COVID-19) Pandemic and Recent CMA Cases

By Miranda Cole and Jérôme de Ponsay on Posted in Competition, COVID-19
On 22 April 2020, the UK Competition and Market Authority (“CMA”) published its guidance on ‘Merger assessments during the Coronavirus (COVID-19) pandemic’ (“the guidance”). Prior to the publication of the guidance, there was some speculation about whether the CMA would be more willing to accept ‘failing firm’ arguments as the economic impact of COVID-19 hit … Continue Reading

The UK Court of Appeal Clarifies the Legal Test for Excessive Pricing

By Miranda Cole, Wesley Lepla and Spyridon Goulielmos on Posted in Competition, EU Law and Regulatory, Financial
Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”.  The UK Court of Appeal recently provided guidance regarding the legal test to determine whether pricing is excessive and unfair.  In March, it dismissed … Continue Reading

The French telecoms regulator has entered the fray “prevailing digital platform”

By Miranda Cole and Barbara Monti on Posted in EU Law and Regulatory
In his speech in Austin, Texas in 2019[1] and subsequent interviews,[2] the Chairman of the French Electronic Communications and Postal Regulatory Authority (ARCEP) and former general rapporteur at the French Competition Authority, Sébastien Soriano, suggested that it is no longer appropriate to apply the “Schumpeterian paradigm” to technology companies that he characterised as having reached … Continue Reading

House of Lords Select Committee publishes report on the future of AI in the UK

By Franka Felsner and Miranda Cole on Posted in EU Law and Regulatory
Reflecting evidence from 280 witnesses from the government, academia and industry, and nine months of investigation, the UK House of Lords Select Committee on Artificial Intelligence published its report “AI in the UK: ready, willing and able?” on April 16, 2018 (the Report). The Report considers the future of AI in the UK, from perceived … Continue Reading

Exchanging Commercial Information–A Risky Business

By Siobhan L.M. Kahmann and Miranda Cole on Posted in EU Law and Regulatory
This case provides a stark lesson in competition compliance training: the infringement decision of the Competition and Markets Authority (“CMA”) was upheld against a company that, while it refused to join a cartel, still exchanged strategic commercial information with its competitors (while being recorded by the CMA…)  The circumstances represent a timely reminder of the … Continue Reading

EU Policy Update—July

By Sebastian Vos, Miranda Cole, Cándido García Molyneux, Jean De Ruyt and Covington Team on Posted in EU Law and Regulatory
1.  Digital Single Market Policy Almost two years after the European Commission presented its proposal on a telecoms single market (Connected Continent), on 30 June, the three EU institutions finalized negotiations on two important issues: roaming charges and net neutrality. All other elements of the package will be discussed as part of the new Digital … Continue Reading
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