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Chronicles

The story behind the story

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In a probe begun in October 2022, Ofcom finds Amazon, Microsoft, and Google may be harming UK cloud market competition and plans to refer the case to the CMA

Katharine Gemmell / Bloomberg :

Bloomberg Katharine Gemmell

Context & Ripple Effects

This is the escalation of a cloud-competition review Ofcom first announced in September 2022, when it identified cloud computing as a market requiring scrutiny. The regulator's finding turns that review into a potential CMA case focused on the UK's largest public-cloud suppliers.

The referral also established the path for the CMA's subsequent public-cloud provider investigation. Later coverage of CMA concerns over Microsoft's cloud licensing terms suggests that commercial terms, not just infrastructure scale, became a central competition issue.

First-order effects

  • Amazon, Microsoft, and Google face a planned referral to the CMA, putting their UK cloud practices under competition-regulatory scrutiny.
  • The CMA becomes the forum for assessing whether the providers' conduct is limiting competition, while UK cloud customers gain a formal regulatory channel for concerns about market choices and terms.

Second-order effects

  • A CMA inquiry can force the three providers to defend pricing, switching, interoperability, and licensing practices, while smaller cloud suppliers can use the process to press their competitive claims.
  • Enterprise buyers may gain leverage in cloud negotiations as the prospect of remedies raises the cost of practices that make workloads harder or more expensive to move.

Third-order effects

  • The case points toward cloud competition being governed increasingly through the commercial rules layered on top of infrastructure, rather than assessed solely through providers' market share or technical capacity.
  • If enforcement follows, the UK could become a testing ground for constraints on hyperscaler lock-in, with the eventual scope depending on the CMA's findings and remedies.

The trend: This is one data point in the shift toward regulators treating hyperscaler cloud terms and switching barriers as core competition infrastructure.

Discussion

  • @ofcom @ofcom on x
    📢 We are proposing to refer the UK cloud market to @CMAgovuk for further investigation. This follows our study of the cloud market identifying practices that could limit competition - particularly the practices of Amazon and Microsoft because of their market position.
  • @vilile Vili Lehdonvirta on x
    Both the US FTC and the UK Ofcom are now looking into possible competition violations in cloud computing. There are significant scale economies in cloud so imo it's bound to be dominated by a few big providers. But the question is if they then abuse their dominant positions. http…
  • @1br0wn Ian Brown on x
    A friend working with tech SMEs comments: “Another three years wasted... And nothing happens. Like the #RTB case. Eventually the @DPCIreland and @CNIL_en took action. And the browser anticompetitive thing.” https://twitter.com/... https://twitter.com/...
  • @fosspatents Florian Mueller on x
    The #CMA may “seamlessly” look into the next #Microsoft topic when it's done with #ActivisionBlizzard. What sets the UK cloud focus apart from the one in the EU is that #Amazon is another potential target of an investigation, while in the EU it's behind a complaint. Karma ;-) htt…
  • @ofcom @ofcom on x
    We are now inviting feedback on our interim findings, by 17 May 2023. We intend to publish a final report on our findings and recommendations, including our decision on a market investigation reference, by 5 October 2023. Read more: https://www.ofcom.org.uk/...