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 Remedies in EU Competition Law written by Damien Gerard and published by Kluwer Law International B.V.. This book was released on 2020-07-10 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.
Download or read book Digital markets and online platforms new perspectives on regulation and competition law written by Jan Krämer and published by Centre on Regulation in Europe (CERRE). This book was released on 2020-11-18 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the world, regulators and policy makers are grappling with how to establish a competitive, safe and fair online environment that also safeguards users’ fundamental rights as citizens. Ahead of the European Commission’s Digital Markets Act (DMA), this book “Digital markets and online platforms: new perspectives on regulation and competition law“, presents CERRE’s latest contribution to the debate with concrete policy recommendations. Together, the policy recommendations in this book present a roadmap that should be pursued for EU policy makers to safeguard competition and innovation in digital platform markets. They can be organised into three key areas for action: (i) More effective enforcement, (ii) increased transparency and switching easiness, and (iii) providing access to key innovation capabilities. “The need to safeguard fair and vibrant competition, which is also seen as an important driving factor for innovation, is nothing new for policy makers. However, the characteristics and complexities of digital markets have challenged some of the traditional approaches.” – Jan Krämer, editor of the book and CERRE Academic Co-Director The book’s recommendations highlight that platform transparency and associated data collection by authorities, as well as data sharing by platforms (initiated through consumers or authorities), are the two most important overarching policy measures for platform markets in the near future. They facilitate enforcement, consumer choice, and innovation capabilities in the digital economy. The contents of this book were presented and debated during a CERRE live debate with guest speakers Anne Yvrande-Billon (Arcep’s Director of Economic, Market and Digital Affairs), MEP Stéphanie Yon-Courtin (Vice-President of the European Parliament’s Committee on Economic and Monetary Affairs) and Javier Espinoza (Financial Times’ EU Correspondent covering competition and digital policy).
Download or read book The Role of Media Pluralism in the Enforcement of EU Competition Law written by Konstantina Bania and published by CONCURRENCES. This book was released on 2019-03 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era of communicative abundance, consumers can access content anytime, anywhere and on any digital device. Safeguarding media pluralism has never before been as essential to our democracies as it is today. What role, if any, should EU competition law then play in protecting it? In delving into this question, Konstantina Bania conducts an in-depth analysis of the economics of the sector as well as the Commission's decision-making practice regarding mergers, abuses of dominance as well as anti-competitive agreements. Combining unique theoretical and practical insights, this book showcases novel tools for competition law enforcement to protect quality dimensions of competition and consumer welfare in media markets where consumers increasingly pay with their attention or data rather than money. This book is a must-read study for all scholars, competition authorities and policymakers interested in the question of how competition law can apply in such a manner that antitrust and merger assessments do not disregard non-price concerns such as privacy or diversity.
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 399 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 Virtual Competition written by Ariel Ezrachi and published by Harvard University Press. This book was released on 2016-11-14 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A fascinating book about how platform internet companies (Amazon, Facebook, and so on) are changing the norms of economic competition.” —Fast Company Shoppers with a bargain-hunting impulse and internet access can find a universe of products at their fingertips. But is there a dark side to internet commerce? This thought-provoking exposé invites us to explore how sophisticated algorithms and data-crunching are changing the nature of market competition, and not always for the better. Introducing into the policy lexicon terms such as algorithmic collusion, behavioral discrimination, and super-platforms, Ariel Ezrachi and Maurice E. Stucke explore the resulting impact on competition, our democratic ideals, our wallets, and our well-being. “We owe the authors our deep gratitude for anticipating and explaining the consequences of living in a world in which black boxes collude and leave no trails behind. They make it clear that in a world of big data and algorithmic pricing, consumers are outgunned and antitrust laws are outdated, especially in the United States.” —Science “A convincing argument that there can be a darker side to the growth of digital commerce. The replacement of the invisible hand of competition by the digitized hand of internet commerce can give rise to anticompetitive behavior that the competition authorities are ill equipped to deal with.” —Burton G. Malkiel, Wall Street Journal “A convincing case for the need to rethink competition law to cope with algorithmic capitalism’s potential for malfeasance.” —John Naughton, The Observer
Download or read book The Digital Economy and Competition Law in Asia written by Steven Van Uytsel and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The digital economy, broadly defined as the economy operating on the basis of interconnectivity between people and businesses, has gradually spread over the world. Although a global phenomenon, the digital economy plays out in local economic, political, and regulatory contexts. The problems thus created by the digital economy may be approached differently depending on the context. This edited collection brings together leading scholars based in Asia to detail how their respective jurisdictions respond to the competition law problems evolving out of the deployment of the digital economy. This book is timely, because it will show to what extent new competition law regimes or those with a history of lax enforcement can respond to these new developments in the economy. Academics in law and business strategies with an interest in competition law, both in Asia and more broadly, will find the insights in this edited collection invaluable. Further, this volume will be a key resource for scholars, practitioners and students. .
Download or read book Competition law enforcement in digital markets e Book written by FALCE VALERIA and published by G Giappichelli Editore. This book was released on 2021-09-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Key structuring elements of today’s digital econ-omy are digital markets and services (i.e., the Digital Markets Act and the Digital Services Act) leading to a new season in the area of innovation policies. It is the season of the centralization of governance and enforcement powers in the hands of the European Commission, through which the European Union sets direction and speed. The direction looks forward to empowering the protagonists of the digital ecosystem and properly running the markets. The keywords of the new policies are indeed fairness, openness, and non-discrimination. The speed is the one recognized by innovation: from rigid and static obligations and prohibitions, the European commission proposed flexible and dynamic guidance, responding to market developments and requests from Member States, which recommend proposals for modernization, revision and introduction of new rules.
Download or read book Innovation Matters written by Richard J. Gilbert and published by MIT Press. This book was released on 2020-07-14 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A proposal for moving from price-centric to innovation-centric competition policy, reviewing theory and available evidence on economic incentives for innovation. Competition policy and antitrust enforcement have traditionally focused on prices rather than innovation. Economic theory shows the ways that price competition benefits consumers, and courts, antitrust agencies, and economists have developed tools for the quantitative evaluation of price impacts. Antitrust law does not preclude interventions to encourage innovation, but over time the interpretation of the laws has raised obstacles to enforcement policies for innovation. In this book, economist Richard Gilbert proposes a shift from price-centric to innovation-centric competition policy. Antitrust enforcement should be concerned with protecting incentives for innovation and preserving opportunities for dynamic, rather than static, competition. In a high-technology economy, Gilbert argues, innovation matters.
Download or read book Competition law enforcement in digital markets written by FALCE VALERIA and published by G Giappichelli Editore. This book was released on 2021-09-27 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Evolution of Antitrust in the Digital Era written by Allan Fels and published by . This book was released on 2020-10-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays represents the first in a series of two volumes that set out to reflect the state of the art of antitrust thinking in digital markets in jurisdictions around the world. The issues it tackles are many: the role of innovation, the conundrum of big data, the evolution of media markets, and the question of whether existing antitrust tools are sufficient to deal with the challenges of digital markets. Each author tackles the overarching themes from their unique national perspective. The resulting tapestry reflects the challenges and opportunities presented by the modern digital era, viewed through the lens of competition enforcement.
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 INVESTIGATION of COMPETITION in DIGITAL MARKETS written by United States House of Representatives and published by . This book was released on 2020-10-06 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jerrold Nadler, Chairman, Committee on the Judiciary David N. Cicilline, Chairman, Subcommittee on Antitrust, Commercial and Administrative LawIn June 2019 the Committee on the Judiciary initiated a bipartisan investigation into the state of competition online, spearheaded by the Subcommittee on Antitrust, Commercial and Administrative Law. As part of a top-to -bottom review of the market, the Subcommittee examined the dominance of Amazon, Apple, Facebook, and Google, and their business practices to determine how their power affects our economy and our democracy. Additionally, the Subcommittee performed a review of existing antitrust laws, competition policies, and current enforcement levels to assess whether they are adequate to market power and anticompetitive conduct in digital markets. Over the course of our investigation, we collected extensive evidence from these companies aswell as from third parties - totaling nearly 1.3 million documents . We held seven hearings to review the effects of market power online including on the free and diverse press, innovation, and privacy and a final hearing to examine potential solutions to concerns identified during the investigation and to inform this Report's recommendations .
Download or read book Handbook on European Competition Law written by Ioannis Lianos and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.
Download or read book Restoring Consumer Sovereignty written by Adrian Künzler and published by Oxford University Press. This book was released on 2017 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Abiding issues -- Argumentation of the courts and contemporary legal scholarship -- Making behavioralism work -- Fashioning consumer cognitive capability -- Open approaches to promoting innovation and economic growth -- From market access to cumulative innovation -- Conclusion
Download or read book Economic Analysis in EU Competition Policy written by Parcu, Pier L. and published by Edward Elgar Publishing. This book was released on 2021-12-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book assesses emerging trends in the role of economic analysis in EU competition policy, exploring how it has substantially increased in terms of both theories and methods.
Download or read book The Images of the Consumer in EU Law written by Dorota Leczykiewicz and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.
