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 342 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 Online Distribution of Content in the EU written by Taina Pihlajarinne and published by Edward Elgar Publishing. This book was released on with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal issues surrounding the online distribution of content have recently gained prominence due to the European Commission’s commitment to the Digital Single Market (DSM). This book is one of the first to provide highly topical analysis of the key legal challenges surrounding the online distribution of content, with particular focus on intellectual property rights, competition law and the regulation of new technologies.

Download or read book E FOOD Closing the Online Enforcement Gap in the EU Platform Economy written by Maria Jose Plana Casado and published by Springer. This book was released on 2022-08-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Retail is ‘going digital,’ and grocery shopping is no exception. While some businesses are relaying on their corporate website to make the sale, both traditional brick-and-mortar and new disruptive business models are increasingly using online marketplaces to offer their products online. European Union law has been gradually updated to reflect this new reality, with Intellectual Property Rights legislation and Consumer Law leading the way toward a suitable regulatory framework in the Platform Economy. However, the EU has not devised a comprehensive strategy for tackling the challenges posed by the online sale of physical consumer goods, such as effective public enforcement in online environments. In fact, sector-specific legislation, including Food Law, largely ignores online transactions. In this context, the book evaluates the impact that online marketplaces are having on European Union sector-specific legislation and its e-nforcement. The goal is to assess whether the existing regulatory and policy framework are sufficient for promoting compliance and bridging the enforcement gap in the digital single market. Focusing on the e-food market, the book presents a state-of-the-art overview of how online marketplaces are altering EU law and its enforcement by public authorities.

Download or read book Copyright in the Age of Online Access written by João Pedro Quintais and published by Kluwer Law International B.V.. This book was released on 2017-05-15 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: " In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the urgent need to study pragmatic legal solutions that enable Internet users to access works in the digital environment, while assuring remuneration to rights holders and promoting the development of the information society. This study examines legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals. It investigates whether and to what extent these schemes (referred to as alternative compensation systems) are admissible under EU copyright law and consistent with its objectives, responding to such questions as the following in depth: - What existing copyright schemes provide an alternative to the exclusive right in copyright law? - What online rights apply to the activities of Internet users? - What types of models exist for the legalisation of online use of copyright works? - How can the public interest shape the scope of protection of copyright? - Can and should we legalise non-commercial file sharing and online use in EU copyright law? The book carefully examines these questions in light of EU primary law, relevant directives (with a focus on the InfoSoc Directive), case law (especially that of the CJEU), and legal literature in the field of copyright. The analysis culminates with a proposed blueprint for a compensated limitation for non-commercial individual use that is consistent with EU copyright law. As a thoroughly researched and balanced response to the urgent need to rethink EU copyright law in light of its lack of social acceptance and technological adequacy, this book will be of inestimable value to lawyers, policymakers, and scholars in the field, as well as to interest groups involved in discussions for reform and modernisation of EU digital copyright law. "

Download or read book The Brussels Effect written by Anu Bradford and published by Oxford University Press. This book was released on 2020-01-27 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

Download or read book EU Consumer Law and Policy written by Stephen Weatherill and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: As a whole, Stephen Weatherill crafts a detailed and wonderfully rich consideration of this dynamic issue and is a resource which practitioners in this area could ill do without. Weatherills thorough and thoughtful insights with regard to these issues provide an important basis for understanding the complexities and vagaries of market integration in the EU Community. Peter G. Fitzgerald, Canadian Law Library Review Steve Weatherill provides an excellent thought-provoking account of EU consumer law and policy. It will be required reading for all those interested in this important subject. Paul Craig, St Johns College, Oxford, UK This is a characteristically excellent book by Steve Weatherill, combining incisive legal analysis of an important policy field with an authoritative and up-to-date account of the underlying legal and constitutional framework. Grainne de Burca, European University Institute, Italy This new edition of Stephen Weatherills acclaimed book provides a comprehensive introduction to all facets of the EUs involvement in consumer law and policy. Consumers are expected to benefit from the EUs project of economic integration, enjoying wider choice and improved quality, and yet they need protection from the dangers that flow from malfunctioning and unfair markets. The EUs consumer law and policy is an attempt to have the best of both worlds a liberalised yet properly regulated trading space for Europe This highly esteemed book, now in a brand new edition, provides a comprehensive and up-to-date introduction to the subject, explaining the evolution of consumer law and policy in the EU in terms of both legislative and judicial activity. The book also situates EU consumer law and policy within its broader social, political and economic context, providing a window to a range of wider issues (and tensions) relating to Union regulatory strategies and their effect on the member states. It concludes with a newly written examination of the relationship between EU and national initiatives of market regulation symbiosis or disruption? A readable yet critically sound textbook, this fully updated edition will be indispensable for both postgraduate and undergraduate students of EU law. It will also appeal strongly to all academics, regulators and practising lawyers with an interest in EU trade law or indeed European law more generally.

Download or read book The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring foreword from Maciej Szpunar, First Advocate General at the Court of Justice of the European Union and Professor at the University of Silesia in Katowice This book delivers a comprehensive examination of the legal systems that regulate the responsibilities of intermediaries for illegal online content in both the EU and the US. It assesses whether existing systems are capable of tackling modern challenges, ultimately advocating for the introduction of a double-sided duty of care, requiring online intermediaries to do more to tackle illegal content whilst also better protecting their users’ rights.

Download or read book Online Dispute Resolution for Consumers in the European Union written by Pablo Cortés and published by Routledge. This book was released on 2010-09-13 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.

Download or read book Buying Defence and Security in Europe written by Martin Trybus and published by Cambridge University Press. This book was released on 2014-10-13 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical evaluation of the EU Defence and Security Procurement Directive 2009/81/EC in its legal, economic, military, and political context.

Download or read book Shopping 3 0 written by Prof Dr Cor Molenaar and published by Gower Publishing, Ltd.. This book was released on 2012-09-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Retailers are in difficult times. The recession, global competition, government regulation and the growth of the Internet mean that costs are rising but margins are increasingly squeezed. Cor Molenaar's Shopping 3.0 offers an engaging, convincing and well-researched manifesto for the future of retailing; a manifesto which encourages retailers to switch their approach from a strategy that is based around transactions to one that is based around customers. Logic dictates that there is no one single strategy that will work for all retailers; some of them may indeed benefit from investing in e-retailing solutions and the Internet but for others, success will lie in developing a service based on customer experience or one with some apparently bespoke elements; a strategy to appeal to customers as individuals. Shopping 3.0 examines all these changes. It sketches the world of consumers; those who make their purchases from the comfort of their armchair and those who enjoy shopping with friends. Cor Molenaar explores the impact of changing consumer attitudes to shopping; the role of new technology in future retailing and the changing face of both city centre and out of town shops and malls. Shopping 3.0 offers a welcome helping hand for retailers, both physical and web-based shopkeepers; something to help you make sense of the ongoing revolution in shopping and to plan or adjust your business strategy to enable you not just to survive but to thrive in a world that will look very different in a few years time.

Download or read book The New Legal Framework for E Commerce in Europe written by Lilian Edwards and published by Bloomsbury Publishing. This book was released on 2005-12-19 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by well known specialists in e-commerce and Internet law, drawn from both academe and practice, analyses recent crucial legislation which has created, for the first time, a legal regime governing European electronic commerce. The central focus is on the European Electronic Commerce Directive and its implementation in the UK since August 2002. The E-Commerce Directive develops a distinctive European strategy for regulating and promoting on-line business and the information society. Areas of the Directive analysed include contracting on-line, Internet service provider liability, consumer privacy including spam and 'cookies', country of origin regulation, and on-line alternative dispute resolution (ODR). Further chapters move beyond the Directive to discuss other important new laws in this domain, including the Privacy and Electronic Communications Directive, the Distance Selling Directives, the Electronic Money Directive, the Lawful Business regulations on employee surveillance, the disability discrimination rules affecting websites and the extension of VAT to on-line transactions. Both the European framework and the rules as implemented in the UK are examined and critiqued for how well they meet the needs of business and consumers.

Download or read book The Internet as Second Action Space written by Aharon Kellerman and published by Routledge. This book was released on 2014-07-11 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most significant and important advancements in information and communication technology over the past 20 years is the introduction and expansion of the Internet. Now almost universally available, the Internet brings us email, global voice and video communications, research repositories, reference libraries, and almost unlimited opportunities for daily activities. Bridging geographical distances in unprecedented ways, the Internet has impacted all aspects of our daily lives – from facilitating the running of businesses, the attainment of services and keeping in touch with friends and family. Accessible at any time and for many of us from our mobile phones, the Internet has opened up a world of knowledge and communication platforms that we cannot now imagine living without. This book explores the concept that the Internet has become a second action space for individuals. Coexisting with traditional and "obvious" real space, the Internet serves as a novel spatial platform and action space to its subscribers all over the world. Kellerman expertly discusses this notion and examines the practical integration of cyberspace with real space. Part I examines the Internet as a platform for action and presents its relations with physical space concerning a range of uses and applications which were traditionally performed in physical space only. It discusses the idea that the Internet has become a second space and explores theoretical perspectives surrounding this notion. The Internet has undeniably made humankind more efficient and connected. Part II explores the Internet as an action space for human life, considering basic human needs, curiosity, identity and social relations. It further considers instances whereby use and application of the Internet cannot be fully performed in real space, mainly regarding people’s presentation of identity. Part III explores daily actions over the Internet, such as work, shopping, banking and social interactions. Kellerman also briefly touches on the darker aspects that the expansion of the Internet has made possible – including its role in fraud and other crimes. The concluding chapter discusses people living across the two spaces and identifies potential future developments. The Internet as Second Actions Space will appeal to students across the social sciences, in particular those studying Geography, Sociology, Media Studies, Internet Studies, Business and related disciplines.

Download or read book Online Hate Speech in the European Union written by Stavros Assimakopoulos and published by Springer. This book was released on 2017-12-20 with total page 97 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY 4.0 license and reports on research carried out as part of the European Union co-funded C.O.N.T.A.C.T. project which targeted hate speech and hate crime across a number of EU member states. It showcases the bearing that discourse analytic research can have on our understanding of this phenomenon that is a growing global cause for concern. Although ‘hate speech’ is often incorporated in legal and policy documents, there is no universally accepted definition, which in itself warrants research into how hatred is both expressed and perceived. The research project synthesises discourse analytic and corpus linguistics techniques, and presents its key findings here. The focus is especially on online comments posted in reaction to news items that could trigger discrimination, as well as on the folk perception of online hate speech as revealed through semi-structured interviews with young individuals across the various partner countries.

Download or read book EU Internet Law written by Tatiana-Eleni Synodinou and published by Springer. This book was released on 2017-11-09 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights – on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law – the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.

Download or read book European Retail Research written by Thomas Foscht and published by Springer. This book was released on 2014-09-03 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of EUROPEAN RETAIL RESEARCH is to publish interesting manuscripts of high quality and innovativeness with a focus on retail researchers, retail lecturers, retail students and retail executives. As it has always been, retail executives are part of the target group and the knowledge transfer between retail research and retail management remains a part of the publication’s concept. EUROPEAN RETAIL RESEARCH welcomes manuscripts on original theoretical or conceptual contributions as well as empirical research – based either on large-scale empirical data or on the case-study method. Following the state of the art in retail research, articles on any major issues that concern the general field of retailing and distribution are welcome.

Download or read book Central and Eastern Europe in the EU written by Christian Schweiger and published by Routledge. This book was released on 2018-05-15 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the onset of the global financial crisis in 2008, the EU has been in almost permanent crisis mode. It is witnessing new dimensions of internal differentiation among its member states, and the migration crisis has shown that the Central and Eastern European countries (CEEs) in particular are slowly but certainly transforming themselves from predominantly passive policy-takers towards becoming more active players in the process of shaping the EU’s governance agenda. This edited volume offers the first comprehensive and critical insight into how the CEEs position themselves in the EU’s changing internal and external environment, their stance towards the European integration process under current crisis conditions, and what political and economic strategies they prioritize.

Download or read book The Implementation and Enforcement of European Union Law in Small Member States written by Ivan Sammut and published by Springer Nature. This book was released on 2021-03-11 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.