Download or read book Competition Law for the Digital Economy written by Björn Lundqvist and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The digital economy is gradually gaining traction through a variety of recent technological developments, including the introduction of the Internet of things, artificial intelligence and markets for data. This innovative book contains contributions from leading competition law scholars who map out and investigate the anti-competitive effects that are developing in the digital economy.

Download or read book Competition Data and Privacy in the Digital Economy written by Maria Wasastjerna and published by Kluwer Law International B.V.. This book was released on 2020-07-16 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, we conduct our lives online, and in doing so, we grant access to our personal information. The crucial feedstock of the world economy thus generated - the commercialization and exploitation of personal data and the intrusion of digital privacy it entails - has built an imposing edifice of market power. As we enter the third decade of the 21st century, this detailed exploration of the interlinkage between competition and data privacy takes a critical look at competition policy to evaluate whether the system in its current form and with the existing approach is capable of tackling the challenges raised by the role of personal data in the shift from an offline to an online economy. Challenging the commonplace assumption that privacy has little or no role and relevance in competition law, the author’s penetrating analysis accomplishes the following and more: provides an in-depth understanding of the intersection of competition and privacy in the data-driven economy; surveys legal policy developments on the role of privacy in competition law; underlines the importance of non-price parameters in competition, such as consumer choice; clearly explains why and how competition law can protect privacy among its policy objectives; and addresses challenges in measuring the intangible harm of digital privacy violation in assessing abuse of market power. Recent case law in Europe and elsewhere, a revealing comparison between relevant European Union (EU) and United States (US) practice, the expanded role of the EU’s Competition Commissioner, and the likely impact of such phenomena as the coronavirus pandemic are all drawn into the book’s remit. In her analysis of the growing privacy dimension in competition policy, the author examines the topic from a broad perspective that includes societal, political, economic, historical and cultural elements. Her insightful multidimensional and value-based review will prove of immeasurable value to practitioners, academics, policymakers and enforcers in its identification of implications for business practice as we go forward.

Download or read book Eu Competition Law Digital Economy Hb written by MANDRESCU and published by . This book was released on 2020-07-15 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is available digitally as an Open Access resource at www.boomdenhaag.nl. Click here to access the content. For more information about XXIX FIDE Congress (12-15 May 2021), please visit: fide2020.eu. The proceedings of the XXIX FIDE Congress in The Hague in 2020 are published in four volumes. This book (Vol. 3) contains the reports of the General Rapporteurs (Nicolas Petit and Pieter Van Cleynenbreugel), the Institutional Rapporteur (Thomas Kramler) and the National Rapporteurs on Topic 3: EU Competition Law and the Digital Economy: Protecting Free and Fair Competition in an Age of Technological (R)evolution.

Download or read book EU Competition Law written by Eleanor M. Fox and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and concise textbook presents EU competition law in political, economic and comparative context. It combines excerpts from key EU rulings with discussions of enforcement policy issues and comparisons with US antitrust cases. Untangling the complex set of factors driving individual outcomes, it is the perfect companion for any student or practitioner in the field.

Download or read book Vertical Restraints in the Digital Economy written by Adina Claici and published by Kluwer Law International B.V.. This book was released on 2021-05-21 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vertical agreements between undertakings at the various levels of a supply chain have long been seen as a fundamental focus for antitrust legislation, such as the European Union’s Vertical Block Exemption Regulation (VBER). It goes without saying that such issues are particularly prevalent in digital markets. This authoritative commentary analyses the main restrictions in vertical agreements, emphasising the numerous new and contentious issues arising in the context of Internet distribution. It offers both legal and economic perspectives, as well as examines enforcement and possible changes to the legislation. The contributors – leading competition authority officials, lawyers, economists, and academics – provide in-depth discussions of topics that have emerged as areas for conscious policy choices, including the following: restrictions of online sales; price parity obligations; resale price maintenance; the duration of non-compete obligations; sustainability agreements; geo-blocking practices; and restraint of trade in pharmaceuticals. The contributions have emerged from the 2020 conference of the Global Competition Law Centre at the College of Europe in the context of the currently ongoing review of the VBER and vertical guidelines. With its multidisciplinary approach highlighting the efficiencies and harms caused by the restrictions at stake, this important book clearly shows how law and practice apply to specific issues relating to digital markets and how the law is likely to change in the near future. It will be of immeasurable value to lawyers and officials concerned with European competition law and academics in the field.

Download or read book Restrictions of EU Competition Law in the Digital Age written by Bernadette Zelger and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.

Download or read book The Transformation of EU Competition Law Next Generation Issues written by Adina Claici and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversy surrounding EU competition rules has grown in recent years. Pressure from such phenomena as the COVID-19 pandemic, climate change and the digital economy have fostered a fragmentation in the interpretation of the rules at both national and EU levels. This volume takes stock of the current situation, assessing the successes and failures of the prevailing ‘modernisation’ policy and setting forth a range of potential legal adaptations designed to offer the right responses to a rapidly changing world. The book’s contributions are based on papers delivered at the 2022 Annual Conference of the Global Competition Law Center (GCLC) at the College of Europe in Bruges. The authors include prominent practitioners and academics, members of the European Commission, representatives of national competition authorities, and judges from both EU and national courts. They address such salient issues as the following: free competition versus ‘regulated competition’ as alternative or complementary models; new methods for the identification of consumer harm and benefits; sui generis competition law regimes for specific sectors; State aid enforcement and crisis management; and the green and digital objectives and their legal and political implications. Taken together, the essays provide extensive treatment of the EU Courts’ jurisprudence and the literature in the field. For practitioners, policymakers and academics working with competition law, the book will clearly explain the new competencies of the Commission, raise awareness of the latest case law on the analysis of effects, and ensure a forward-looking approach to competition law enforcement in Europe.

Download or read book EU Competition Law Data Protection and Online Platforms Data as Essential Facility written by Inge Graef and published by Kluwer Law International B.V.. This book was released on 2016-10-17 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.

Download or read book European competition law in the digital economy Assessment of the European competition cases against Facebook written by Dóra Éva Baksa and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book General Principles of EU Law and the EU Digital Order written by Ulf Bernitz and published by Kluwer Law International B.V.. This book was released on 2020-01-09 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the EU’s digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of European Union (EU) law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules. Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to: effects of the technological disruption on the doctrine of general principles; the resilience of general principles in the digital society; the need to rely on new general principles in the digital society; the realization of the digital single market; the safeguarding of fundamental rights and the rule of law. The contributors are highly esteemed scholars from major European universities. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent Court of Justice of the European Union case law on the impact of digitalization. Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.

Download or read book Abuse of Platform Power written by Friso Bostoen and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Online platforms play a crucial role in today's economy by serving as intermediaries between consumers and suppliers. The economics governing their business model pushes them to first pursue growth over profits and later integrate vertically-a dynamic that has resulted in expansive digital ecosystems. The platforms orchestrating these ecosystems can have an incentive and ability to exclude suppliers ('intra-platform exclusion'). Article 102 TFEU targets such conduct, in particular through the figure of 'leveraging', but the economic and technological complexity of platforms has befuddled traditional legal analysis. This book presents an in-depth study of the abuse of dominance in the platform economy. It starts by studying platform business strategy and then systematically analyzes how different forms of leveraging abuse (tying, refusal to supply, margin squeeze, discrimination) should be reinterpreted in the platform economy. The book also recognizes the procompetitive role of platforms and suggests safeguarding it by duly considering justifications. Finally, the book surveys ex ante measures targeted at platforms such as non-discrimination rules, portability and interoperability measures, forced access, and break-up. The book was awarded the 2022 Concurrences Ph.D. Award in Law.

Download or read book EU Competition Law and the Information and Communication Technology Network Industries written by Andrej Fatur and published by Bloomsbury Publishing. This book was released on 2012-03-08 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition policies have long been based on a scholarly tradition focused on static models and static analysis of industrial organisation. However, recent developments in industrial organisation literature have led to significant advances, moving beyond traditional static models and a preoccupation with price competition, to consider the organisation of industries in a dynamic context. This is especially important in the field of information and communication technology (ICT) network industries where competition centres on network effects, innovation and intellectual property rights, and where the key driver of consumer benefit is technological progress. Consequently, when an antitrust intervention is contemplated, a number of considerations that arise out of the specific nature of the ICT sector have to be taken into account to ensure improved consumer welfare. This book considers the adequacy of existing EU competition policy in the area of the ICT industries in the light of the findings of modern economic theory. Particular attention is given to the implications of these dynamic markets for the competitive assessment and treatment of the most common competitive harms in this area, such as non-price predatory practices, tying and bundling, co-operative standard setting, platform joint ventures and co-operative R&D.

Download or read book The Collaborative Economy and EU Law written by Vassilis Hatzopoulos and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Disruptive innovation', 'the fourth industrial revolution', 'one of the ten ideas that will change the world'; the collaborative/sharing economy is shaking existing norms. It poses unprecedented challenges in terms of both material policies and governance in almost all aspects of EU law. This book explores the application – or indeed inadequacy – of existing EU rules in the context of the collaborative economy. It analyses the novelties introduced by the collaborative economy and discusses the specific regulatory needs and instruments employed therein, most notably self-regulation. Further, it aims to elucidate the legal status of the parties involved (traders, consumers, prosumers) in these multi-sided economies, and their respective roles in the provision of services, especially with regard to liability issues. Moreover, it delves into a sector-specific examination of the relevant EU rules, especially on data protection, competition, consumer protection and labour law, and comments on the uncertainties and lacunae produced therein. It concludes with the acute question of whether fresh EU regulation would be necessary to avoid fragmentation or, on the contrary, if such regulation would create unnecessary burdens and stifle innovation. Taking a broad perspective and pragmatic view, the book provides a comprehensive overview of the collaborative economy in the context of the EU legal landscape.

Download or read book The New EU Competition Law written by Pablo Ibáñez Colomo and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the 'effects-based approach' to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms. Conceived as a 'modular' book, practitioners and advanced students will find it useful as a map to navigate the underlying trends and as an in-depth dissection of the key case law and administrative practice of the past decade.

Download or read book Innovation Markets and Competition Analysis written by Marcus Glader and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is warmly recommended to practitioners and academics from both the legal and the economic field. Guido Westkamp, Journal of Intellectual Property Law and Practice . . . Glader offers strong commentary and case explanation, coupled with insightful analysis, in this complex area. . . This book is strong on both the relevant law, and the economics arena in which the law must be applied, and deals equally well with the US and EC principles and practice. Mark Furse, European Competition Law Review The pace and scope of technological change is increasing, but some innovative technologies take years before they give rise to saleable products. Before they do, there is competition in ideas and research, but the ideas cannot be market tested, because there are no products or services to offer to consumers. Competition law, in Europe and the USA, cannot be applied to competition in research for innovation as if it was competition between products. Completely different problems arise and a completely different approach is needed. This book, the first on innovation markets, shows how this new approach has been used by competition authorities on both sides of the Atlantic in a wide variety of cases. It analyses in depth and detail the comparative law and economics of the problems arising from the different stages of these markets . It considers how far conclusions can be drawn about the future and comes to interesting, practical and sensible conclusions. And it avoids both unjustified scepticism and exaggerated enthusiasm about the theories of innovation markets. John Temple Lang, Cleary Gottlieb Steen & Hamilton LLP, Brussels and London; Trinity College Dublin, Ireland and Oxford University, UK This book examines the legal standards and their underlying economic rationale for the protection of competition in the innovation process, in both European competition law and American antitrust law. Apart from relevant regulatory frameworks, the author also reviews a range of case laws, which assess whether a transaction or unilateral conduct would limit market participants incentives and abilities for continued innovation and future competition. At the centre of this study is the innovation market concept. This concept entails the delineation, for purposes of antitrust analysis, of an upstream market for competing R&D. Questions of market definition, the assessment of innovation competition in defined markets, the role of efficiencies in the appraisal of transactions and possible remedies to alleviate anti-competitive effects are also explored. Updating the field of research in light of new developments and broadening and deepening the categorization and analysis of the innovation market area, this book will be of great interest to academics, practitioners and consultants, and also public policymakers.

Download or read book Coherence Between Data Protection and Competition Law in Digital Markets written by Majcher and published by Oxford University Press. This book was released on 2024-01-13 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: In digital markets, data protection and competition law affect each other in diverse and intricate ways. Their entanglement has triggered a global debate on how these two areas of law should interact to effectively address new harms and ensure that the digital economy flourishes. Coherence between Data Protection and Competition Law in Digital Markets offers a blueprint for bridging the disconnect between data protection and competition law and ensuring a coherent approach towards their enforcement in digital markets. Specifically, this book focuses on the evolution of data protection and competition law, their underlying rationale, their key features and common objectives, and provides a series of examples to demonstrate how the same empirical phenomena in digital markets pose a common challenge to protecting personal data and promoting market competitiveness. A panoply of theoretical and empirical commonalities between these two fields of law, as this volume shows, are barely mirrored in the legal, enforcement, policy, and institutional approaches in the EU and beyond, where the silo approach continues to prevail. The ideas that Majcher puts forward for a more synergetic integration of data protection and competition law are anchored in the concept of 'sectional coherence'. This new coherence-centred paradigm reimagines the interpretation and enforcement of data protection and competition law as mutually cognizant and reciprocal, allowing readers to explore, in an innovative way, the interface between these legal fields and identify positive interactions, instead of merely addressing inconsistencies and tensions. This book reflects on the conceptual, practical, institutional, and constitutional implications of the transition towards coherence and the relevance of its findings for other jurisdictions.

Download or read book Big Data and Competition Law written by Alptekin Koksal and published by Taylor & Francis. This book was released on 2023-11-13 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent studies on competition law and digital markets reveal that accumulating personal information through data collection and acquisition methods benefits consumers considerably. Free of charge, fast and personalised services and products are offered to consumers online. Collected data is now an indispensable part of online businesses to the point that a new economy, a data-driven sector, has emerged. Many markets such as the social network, search engine, online advertising and e-commerce are regarded as data-driven markets in which the utilisation of Big Data is a requisite for the success of operations. However, the accumulation and use of data brings competition law concerns as they contribute to market power in the online world, resulting in a few technology giants gaining unprecedented market power due to the Big Data accumulation, indirect network effects and the creation of online ecosystems. As technology giants have billions of consumers worldwide, data-driven markets are truly global. In these data-driven markets, technology giants abuse their dominant positions, but existing competition law tools seem ineffective in addressing market power and assessing abusive behaviour related to Big Data. This book argues that a novel approach to the data-driven sector must be developed through the application of competition law rules to address this. It argues that current and potential conflicts can be mitigated by extending the competition law assessment beyond the current competition law tools to offer a modernised and unified approach to the Big Data–related competition issues. Promoting new legal tests for addressing the market power of technology giants and assessing abusive behaviour in data-driven markets, this book advocates for cooperation between competition and data protection authorities. It will be of interest to students, academics and practitioners with an interest in competition law and data protection.