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This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Book Synopsis Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing by : Bruce Kilpatrick
Download or read book Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing written by Bruce Kilpatrick and published by Springer Nature. This book was released on 2022-12-07 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Competition enforcement authorities use settlements as a tool to ensure compliance with antitrust law. Companies can make commitments to remedy breaches, ensuring that they avoid litigation and potential fines and reputational damage. The author of this highly original and innovative book shows that, rather than fines or arguing principles of competition law in litigation, antitrust settlements (namely U.S. consent decrees and EU commitment decisions) hold the key to globally effective enforcement, particularly in the digital and blockchain era. Antitrust law does not necessarily need to be abolished, but rather should be fully exploited as an economic regulation led by antitrust settlements. In supporting her thesis, the author examines such elements of competition enforcement as the following: drawbacks of allowing the courts to regulate markets; whether antitrust settlements sacrifice antitrust deterrence; how settlements rapidly and surgically regulate markets; comparative analysis between U.S. consent decrees and EU commitment decisions; economic analysis on the adoption of antitrust settlements in both the U.S. and EU markets from 2013 to 2018; fundamental role of antitrust settlements in regulating the current digital markets; and comprehensive description on how to use antitrust settlements to regulate the data industry. With its thorough guidance on U.S. consent decrees and EU commitment decisions from their functioning to their characteristics and procedure—and its extensive treatment of the main antitrust remedies available and used in enforcing of antitrust law in both the U.S. and EU—the book provides both an economic and a legal analysis of the functioning and the scope of antitrust settlements. It assesses the influence of decisions on companies’ behavior and agencies’ practice, using economic analysis to show the procompetitive or anticompetitive effects of remedies, with special attention to digital markets. Because markets have become so dynamic and unpredictable that is difficult to preserve efficiency, the author says, there is a little room for law—economic regulation is a better fit. This book is a springboard to further investigate how a simple antitrust enforcement tool, having turned competition law into an economic regulation policy, can drive our economy, leading both the antitrust and regulatory interventions in tackling today’s market challenges.
Book Synopsis Antitrust Settlements by : Giovanna Massarotto
Download or read book Antitrust Settlements written by Giovanna Massarotto and published by Kluwer Law International B.V.. This book was released on 2019-10-17 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition enforcement authorities use settlements as a tool to ensure compliance with antitrust law. Companies can make commitments to remedy breaches, ensuring that they avoid litigation and potential fines and reputational damage. The author of this highly original and innovative book shows that, rather than fines or arguing principles of competition law in litigation, antitrust settlements (namely U.S. consent decrees and EU commitment decisions) hold the key to globally effective enforcement, particularly in the digital and blockchain era. Antitrust law does not necessarily need to be abolished, but rather should be fully exploited as an economic regulation led by antitrust settlements. In supporting her thesis, the author examines such elements of competition enforcement as the following: drawbacks of allowing the courts to regulate markets; whether antitrust settlements sacrifice antitrust deterrence; how settlements rapidly and surgically regulate markets; comparative analysis between U.S. consent decrees and EU commitment decisions; economic analysis on the adoption of antitrust settlements in both the U.S. and EU markets from 2013 to 2018; fundamental role of antitrust settlements in regulating the current digital markets; and comprehensive description on how to use antitrust settlements to regulate the data industry. With its thorough guidance on U.S. consent decrees and EU commitment decisions from their functioning to their characteristics and procedure—and its extensive treatment of the main antitrust remedies available and used in enforcing of antitrust law in both the U.S. and EU—the book provides both an economic and a legal analysis of the functioning and the scope of antitrust settlements. It assesses the influence of decisions on companies’ behavior and agencies’ practice, using economic analysis to show the procompetitive or anticompetitive effects of remedies, with special attention to digital markets. Because markets have become so dynamic and unpredictable that is difficult to preserve efficiency, the author says, there is a little room for law—economic regulation is a better fit. This book is a springboard to further investigate how a simple antitrust enforcement tool, having turned competition law into an economic regulation policy, can drive our economy, leading both the antitrust and regulatory interventions in tackling today’s market challenges.
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.
Book Synopsis Big Data and Competition Law by : Alptekin Koksal
Download or read book Big Data and Competition Law written by Alptekin Koksal and published by . This book was released on 2023 with total page 0 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.
In this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice.
Book Synopsis Competition Law and Big Data by : Beata Mäihäniemi
Download or read book Competition Law and Big Data written by Beata Mäihäniemi and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice.
In 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 address market power and anticompetitive conduct in digital markets.Over the course of our investigation, we collected extensive evidence from these companies as well 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.A year after initiating the investigation, we received testimony from the Chief Executive Officers of the investigated companies: Jeff Bezos, Tim Cook, Mark Zuckerberg, and Sundar Pichai. For nearly six hours, we pressed for answers about their business practices, including about evidence concerning the extent to which they have exploited, entrenched, and expanded their power over digital markets in anticompetitive and abusive ways. Their answers were often evasive and non-responsive, raising fresh questions about whether they believe they are beyond the reach of democratic oversight.Although these four corporations differ in important ways, studying their business practices has revealed common problems. First, each platform now serves as a gatekeeper over a key channel of distribution. By controlling access to markets, these giants can pick winners and losers throughout our economy. They not only wield tremendous power, but they also abuse it by charging exorbitant fees, imposing oppressive contract terms, and extracting valuable data from the people and businesses that rely on them. Second, each platform uses its gatekeeper position to maintain its market power. By controlling the infrastructure of the digital age, they have surveilled other businesses to identify potential rivals, and have ultimately bought out, copied, or cut off their competitive threats. And, finally, these firms have abused their role as intermediaries to further entrench and expand their dominance. Whether through self-preferencing, predatory pricing, or exclusionary conduct, the dominant platforms have exploited their power in order to become even more dominant.To put it simply, companies that once were scrappy, underdog startups that challenged the status quo have become the kinds of monopolies we last saw in the era of oil barons and railroad tycoons. Although these firms have delivered clear benefits to society, the dominance of Amazon, Apple, Facebook, and Google has come at a price.
Book Synopsis Investigation of Competition in Digital Markets by : Jerrold Nadler
Download or read book Investigation of Competition in Digital Markets written by Jerrold Nadler and published by . This book was released on 2020-10-02 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 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 address market power and anticompetitive conduct in digital markets.Over the course of our investigation, we collected extensive evidence from these companies as well 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.A year after initiating the investigation, we received testimony from the Chief Executive Officers of the investigated companies: Jeff Bezos, Tim Cook, Mark Zuckerberg, and Sundar Pichai. For nearly six hours, we pressed for answers about their business practices, including about evidence concerning the extent to which they have exploited, entrenched, and expanded their power over digital markets in anticompetitive and abusive ways. Their answers were often evasive and non-responsive, raising fresh questions about whether they believe they are beyond the reach of democratic oversight.Although these four corporations differ in important ways, studying their business practices has revealed common problems. First, each platform now serves as a gatekeeper over a key channel of distribution. By controlling access to markets, these giants can pick winners and losers throughout our economy. They not only wield tremendous power, but they also abuse it by charging exorbitant fees, imposing oppressive contract terms, and extracting valuable data from the people and businesses that rely on them. Second, each platform uses its gatekeeper position to maintain its market power. By controlling the infrastructure of the digital age, they have surveilled other businesses to identify potential rivals, and have ultimately bought out, copied, or cut off their competitive threats. And, finally, these firms have abused their role as intermediaries to further entrench and expand their dominance. Whether through self-preferencing, predatory pricing, or exclusionary conduct, the dominant platforms have exploited their power in order to become even more dominant.To put it simply, companies that once were scrappy, underdog startups that challenged the status quo have become the kinds of monopolies we last saw in the era of oil barons and railroad tycoons. Although these firms have delivered clear benefits to society, the dominance of Amazon, Apple, Facebook, and Google has come at a price.
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.
Book Synopsis Competition Law for the Digital Economy by : Björn Lundqvist
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.
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.
Book Synopsis Competition, Data and Privacy in the Digital Economy by : Maria Wasastjerna
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.
Competition and consumer protection -- The economics of information -- Information and market power -- Agreements on information -- Exclusion by information -- "Confusopoly" and information asymmetries -- Privacy as an information product -- Information and intellectual property -- Restraint of trade and freedom of speech
Book Synopsis Antitrust Law in the New Economy by : Mark R. Patterson
Download or read book Antitrust Law in the New Economy written by Mark R. Patterson and published by . This book was released on 2017 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition and consumer protection -- The economics of information -- Information and market power -- Agreements on information -- Exclusion by information -- "Confusopoly" and information asymmetries -- Privacy as an information product -- Information and intellectual property -- Restraint of trade and freedom of speech
In this outstanding new book Professor Keith Hylton and his collaborators examine what antitrust law has become over the past ten years, a time in which economic analysis has become its undisputed core. What has become of the old antitrust doctrine, what are the new issues for the immediate future? This book brings together the leading experts to examine this silent revolution at the core of US domestic policy. Mark Grady, UCLA School of Law, US Hylton s Antitrust Law and Economics brings together many of the best authors writing in antitrust today. Their essays range widely, covering proof of agreement under the Sherman Act, group boycotts, monopolization and essential facilities, tying and other vertical restraints, and merger policy. The writing is clear, accessible but still technically sophisticated and comprehensive. This book represents the best in contemporary antitrust scholarship, by authors who understand and are able to communicate the centrality of economic analysis to antitrust. No antitrust lawyer, serious antitrust student, or antitrust economist should be without this book. Herbert Hovenkamp, University of Iowa College of Law, US This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via a collection of interconnected original essays. The contributing authors are among the most influential scholars in antitrust, with a rich diversity of backgrounds. Their entries cover, amongst other issues, predatory pricing, essential facilities, tying, vertical restraints, enforcement, mergers, market power, monopolization standards, and facilitating practices. This well-organized and substantial work will be invaluable to professors of American antitrust law and European competition law, as well as students specializing in competition law. It will also be an important reference for professors and graduate students of economics and business.
Book Synopsis Antitrust Law and Economics by : Keith N. Hylton
Download or read book Antitrust Law and Economics written by Keith N. Hylton and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this outstanding new book Professor Keith Hylton and his collaborators examine what antitrust law has become over the past ten years, a time in which economic analysis has become its undisputed core. What has become of the old antitrust doctrine, what are the new issues for the immediate future? This book brings together the leading experts to examine this silent revolution at the core of US domestic policy. Mark Grady, UCLA School of Law, US Hylton s Antitrust Law and Economics brings together many of the best authors writing in antitrust today. Their essays range widely, covering proof of agreement under the Sherman Act, group boycotts, monopolization and essential facilities, tying and other vertical restraints, and merger policy. The writing is clear, accessible but still technically sophisticated and comprehensive. This book represents the best in contemporary antitrust scholarship, by authors who understand and are able to communicate the centrality of economic analysis to antitrust. No antitrust lawyer, serious antitrust student, or antitrust economist should be without this book. Herbert Hovenkamp, University of Iowa College of Law, US This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via a collection of interconnected original essays. The contributing authors are among the most influential scholars in antitrust, with a rich diversity of backgrounds. Their entries cover, amongst other issues, predatory pricing, essential facilities, tying, vertical restraints, enforcement, mergers, market power, monopolization standards, and facilitating practices. This well-organized and substantial work will be invaluable to professors of American antitrust law and European competition law, as well as students specializing in competition law. It will also be an important reference for professors and graduate students of economics and business.
Publication of the Antitrust sub-commission of the International Business Law Commission. It is the result of the reports from twenty different jurisdictions for the working session organized during the annual congres of AIJA in September 1998. The reports were based upon a questionnaire and generally reflect legislation up until January 1999. The purpose of this book is to discuss the critical issues in applying antitrust laws to the media sector, having in mind three main issues, namely deregulation and convergence in the media industry worldwide, the effect of antitrust laws on the new media environment, and the balance between sector-specific regulation and antitrust rules.
Book Synopsis Antitrust and New Media by : Miguel de Avillez Pereira
Download or read book Antitrust and New Media written by Miguel de Avillez Pereira and published by Springer. This book was released on 2000-06-28 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publication of the Antitrust sub-commission of the International Business Law Commission. It is the result of the reports from twenty different jurisdictions for the working session organized during the annual congres of AIJA in September 1998. The reports were based upon a questionnaire and generally reflect legislation up until January 1999. The purpose of this book is to discuss the critical issues in applying antitrust laws to the media sector, having in mind three main issues, namely deregulation and convergence in the media industry worldwide, the effect of antitrust laws on the new media environment, and the balance between sector-specific regulation and antitrust rules.
