Digital Markets And Online Platforms New Perspectives On Regulation And Competition Law

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Digital markets and online platforms: new perspectives on regulation and competition law

Jan Krämer
Digital markets and online platforms new perspectives on regulation and competition law Book PDF

Author : Jan Krämer
Publisher : Centre on Regulation in Europe (CERRE)
Page : 104 pages
File Size : 47,9 Mb
Release : 2020-11-18
Category : Law
ISBN : 8210379456XXX

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Digital markets and online platforms: new perspectives on regulation and competition law by Jan Krämer Pdf

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).

Digital Markets and Online Platforms

Jan Kraemer,Marc Bourreau,Sally Broughton Micova,Alexandre de Streel,Richard Feasey,Jens-Uwe Franck,Martin Peitz,Daniel Schnurr
Digital Markets and Online Platforms Book PDF

Author : Jan Kraemer,Marc Bourreau,Sally Broughton Micova,Alexandre de Streel,Richard Feasey,Jens-Uwe Franck,Martin Peitz,Daniel Schnurr
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2020
Category : Electronic
ISBN : OCLC:1375396799

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Digital Markets and Online Platforms by Jan Kraemer,Marc Bourreau,Sally Broughton Micova,Alexandre de Streel,Richard Feasey,Jens-Uwe Franck,Martin Peitz,Daniel Schnurr Pdf

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.

Digital Platforms, Competition Law, and Regulation

Kalpana Tyagi,Anselm Kamperman Sanders,Caroline Cauffman
Digital Platforms Competition Law and Regulation Book PDF

Author : Kalpana Tyagi,Anselm Kamperman Sanders,Caroline Cauffman
Publisher : Bloomsbury Publishing
Page : 297 pages
File Size : 52,7 Mb
Release : 2024-02-22
Category : Law
ISBN : 9781509969388

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Digital Platforms, Competition Law, and Regulation by Kalpana Tyagi,Anselm Kamperman Sanders,Caroline Cauffman Pdf

This open access book offers a comparative and inter-disciplinary perspective on the unique competition law challenges presented by the converged digital markets. Following the digitalisation of even the most traditional bricks-and-mortar sectors of the economy, a well-functioning internal market can only be guaranteed by ensuring the competitiveness of the digital markets. What role do intellectual property law and competition law play in this digital world? How can a more economic analysis strengthen innovation policies to achieve a truly competitive digital single market? The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe but in other jurisdictions too, may fall short. It addresses an array of procedural, substantive and other issues that are generating intense debate across the antitrust community. This includes the scope and objectives of digital regulation, whether the application of ex-ante rules would result in fragmentation and inconsistencies, and whether such regulatory regimes are an appropriate tool for substantive assessment. The book explores whether the application of these rules would effectively tackle the competition enforcement challenges seen under the competition laws, whether they can be applied without undermining other rights such as privacy, and whether they are appropriate for this digital age as well as the new digital era ahead of us. Part 1 offers a detailed inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act. Part 2 offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.

Competition Law for the Digital Economy

Björn Lundqvist,Michal S. Gal
Competition Law for the Digital Economy Book PDF

Author : Björn Lundqvist,Michal S. Gal
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 49,7 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781788971836

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Competition Law for the Digital Economy by Björn Lundqvist,Michal S. Gal Pdf

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.

Competition Law and Big Data

Beata Mäihäniemi
Competition Law and Big Data Book PDF

Author : Beata Mäihäniemi
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 43,7 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788974264

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Competition Law and Big Data by Beata Mäihäniemi Pdf

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.

Regulating Digital Markets

Antonio Manganelli,Antonio Nicita
Regulating Digital Markets Book PDF

Author : Antonio Manganelli,Antonio Nicita
Publisher : Springer Nature
Page : 214 pages
File Size : 41,8 Mb
Release : 2022-03-09
Category : Law
ISBN : 9783030893880

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Regulating Digital Markets by Antonio Manganelli,Antonio Nicita Pdf

This book illustrates the challenges that regulators and policy makers have faced in the transition from the ‘old’ network industries to the new digital ecosystem. It succinctly describes the evolution of digital economy, its main actors, notably global digital platforms, as well as its interactions, interdependences, and trade-offs. Eventually, it proposes insights about why public rules are needed, what kind of rules could be more effective, fair, and efficient, and who should pose and enforce them. The book is opened by an introduction, dealing with Digital Transformation, Big Techs, and Public Policies, which provides a general conceptual and thematic framework to the following analysis but could be also read as a stand-alone paper. The following chapters are grouped in two parts: I. The Evolution of Digital Markets and Digital Rights, and II. Regulating Big Tech’s Impact on Market and Society. The secondary title - the European approach – has a twofold meaning. It highlights the fact that this work has a clear focus on EU law and policy - although the economic and institutional issues addressed are global phenomena, common to all world’s economies. In addition, it also underlines that European digital policy is not yet complete and effective. This book intends to provide a small contribution to the ongoing policy making process, as well as to the wider academic and policy debate.

Digital Competition Law in Europe

Marc Wiggers,Robin Struijlaart,Joost Dibbits
Digital Competition Law in Europe Book PDF

Author : Marc Wiggers,Robin Struijlaart,Joost Dibbits
Publisher : Kluwer Law International B.V.
Page : 364 pages
File Size : 51,6 Mb
Release : 2023-07-14
Category : Law
ISBN : 9789403511771

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Digital Competition Law in Europe by Marc Wiggers,Robin Struijlaart,Joost Dibbits Pdf

‘Digital competition’, a term and concept that has risen to the forefront of competition law, may be viewed as both promising and cautionary: on the one hand, it brings the promises of increased speed, efficiency and objectivity, and, on the other, it entails potential pitfalls such as hard-to-identify pathways to unfair pricing, dominant positions and their potential abuse, restriction of choice and abuse of personal data. Accordingly, jurisdictions around the world are taking measures to deal with the phenomenon. In this concise but thoroughly researched book – both informative and practical – lawyers from two prominent firms with specialised digital competition teams take stock and examine the state of digital competition in the enforcement practices of six competition authorities in Europe, most of these forerunners in the field of digital competition policy and enforcement. The competition authorities surveyed are those of the European Union, the United Kingdom, France, Germany, the Netherlands and Belgium. For each, an overview, spanning the period from 2012 to mid-2022 but including as many landmark cases as possible up to and including December 2022, includes not only landmark cases in which digital technologies have had a significant impact on the competition law outcome but also guidance documents such as speeches, policy statements, industry surveys and research reports. Activities and enforcement practices of the various authorities include the following and more: degree of activity; focus of the activity; enforcement styles; enforcement instruments; visible effectiveness of enforcement; and important insights and outlooks. Each overview contains separate chapters on cartel prohibition, the prohibition of abuse of a dominant position and merger control. Additional chapters – partially written by guest authors (who are all without a doubt true thought leaders: Tristan Byrne, Giuseppe Colangelo, Ai Deng, Teodora Groza, Daniel Mândrescu, Wolf Sauter, Thibault Schrépel, and Gareth Shier) – evaluate the similarities and differences in the enforcement practices and the positive and negative effects of digital competition in the jurisdictions investigated, the economic context, the most important game changers, and a concluding chapter offers recommendations. An indispensable guide to quickly and accessibly acquiring in-depth knowledge of competition law in the digital sector, this matchless volume is a must-read for any practitioner or academic who encounters competition law related to digital markets. The dilemmas and challenges of the new competition law reality – which is here already, like it or not – are clearly explained here for the benefit of regulators, academics, policymakers, judges, in-house counsel and lawyers specialising in competition law and intellectual property law.

Market definition and market power in the platform economy

Jens-Uwe Franck,Martin Peitz
Market definition and market power in the platform economy Book PDF

Author : Jens-Uwe Franck,Martin Peitz
Publisher : Centre on Regulation in Europe asbl (CERRE)
Page : 96 pages
File Size : 49,5 Mb
Release : 2019-05-08
Category : Law
ISBN : 8210379456XXX

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Market definition and market power in the platform economy by Jens-Uwe Franck,Martin Peitz Pdf

With the rise of digital platforms and the natural tendency of markets involving platforms to become concentrated, competition authorities and courts are more frequently in a position to investigate and decide merger and abuse cases that involve platforms. This report provides guidance on how to define markets and on how to assess market power when dealing with two-sided platforms. DEFINITION Competition authorities and courts are well advised to uniformly use a multi-markets approach when defining markets in the context of two-sided platforms. The multi-markets approach is the more flexible instrument compared to the competing single-market approach that defines a single market for both sides of a platform, as the former naturally accounts for different substitution possibilities by the user groups on the two sides of the platform. While one might think of conditions under which a single-market approach could be feasible, the necessary conditions are so severe that it would only be applicable under rare circumstances. To fully appreciate business activities in platform markets from a competition law point of view, and to do justice to competition law’s purpose, which is to protect consumer welfare, the legal concept of a “market” should not be interpreted as requiring a price to be paid by one party to the other. It is not sufficient to consider the activities on the “unpaid side” of the platform only indirectly by way of including them in the competition law analysis of the “paid side” of the platform. Such an approach would exclude certain activities and ensuing positive or negative effects on consumer welfare altogether from the radar of competition law. Instead, competition practice should recognize straightforwardly that there can be “markets” for products offered free of charge, i.e. without monetary consideration by those who receive the product. ASSESSMENT The application of competition law often requires an assessment of market power. Using market shares as indicators of market power, in addition to all the difficulties in standard markets, raises further issues for two-sided platforms. When calculating revenue shares, the only reasonable option is to use the sum of revenues on all sides of the platform. Then, such shares should not be interpreted as market shares as they are aggregated over two interdependent markets. Large revenue shares appear to be a meaningful indicator of market power if all undertakings under consideration serve the same sides. However, they are often not meaningful if undertakings active in the relevant markets follow different business models. Given potentially strong cross-group external effects, market shares are less apt in the context of two-sided platforms to indicate market power (or the lack of it). Barriers to entry are at the core of persistent market power and, thus, the entrenchment of incumbent platforms. They deserve careful examination by competition authorities. Barriers to entry may arise due to users’ coordination failure in the presence of network effect. On two-sided platforms, users on both sides of the market have to coordinate their expectations. Barriers to entry are more likely to be present if an industry does not attract new users and if it does not undergo major technological change. Switching costs and network effects may go hand in hand: consumer switching costs sometimes depend on the number of platform users and, in this case, barriers to entry from consumer switching costs increase with platform size. Since market power is related to barriers to entry, the absence of entry attempts may be seen as an indication of market power. However, entry threats may arise from firms offering quite different services, as long as they provide a new home for users’ attention and needs.

The Economics and Regulation of Digital Markets

Frank Fagan,James Langenfeld
The Economics and Regulation of Digital Markets Book PDF

Author : Frank Fagan,James Langenfeld
Publisher : Emerald Group Publishing
Page : 161 pages
File Size : 54,9 Mb
Release : 2023-12-11
Category : Business & Economics
ISBN : 9781837976430

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The Economics and Regulation of Digital Markets by Frank Fagan,James Langenfeld Pdf

Presenting new findings and perspectives from leading international scholars on three critical areas of developing government policies: Digital markets and their regulation, the divergence of expert and public views on European democracy, and the effects of firing notification procedures on wage growth.

Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing

Bruce Kilpatrick,Pierre Kobel,Pranvera Këllezi
Antitrust in Data Driven Markets Legal Framework for Influencers Native Advertising and Control over the Use of AI in Marketing Book PDF

Author : Bruce Kilpatrick,Pierre Kobel,Pranvera Këllezi
Publisher : Springer Nature
Page : 463 pages
File Size : 42,9 Mb
Release : 2022-12-07
Category : Law
ISBN : 9783031074226

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Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing by Bruce Kilpatrick,Pierre Kobel,Pranvera Këllezi Pdf

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.

Vertical Restraints in the Digital Economy

Adina Claici,Denis Waelbroeck
Vertical Restraints in the Digital Economy Book PDF

Author : Adina Claici,Denis Waelbroeck
Publisher : Kluwer Law International B.V.
Page : 156 pages
File Size : 54,6 Mb
Release : 2021-05-21
Category : Law
ISBN : 9789403532448

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Vertical Restraints in the Digital Economy by Adina Claici,Denis Waelbroeck Pdf

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.

Coherence between Data Protection and Competition Law in Digital Markets

Klaudia Majcher
Coherence between Data Protection and Competition Law in Digital Markets Book PDF

Author : Klaudia Majcher
Publisher : Oxford University Press
Page : 337 pages
File Size : 49,7 Mb
Release : 2023-10-09
Category : Law
ISBN : 9780198885757

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Coherence between Data Protection and Competition Law in Digital Markets by Klaudia Majcher Pdf

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.

Competition, Data and Privacy in the Digital Economy

Maria Wasastjerna
Competition Data and Privacy in the Digital Economy Book PDF

Author : Maria Wasastjerna
Publisher : Kluwer Law International B.V.
Page : 416 pages
File Size : 49,5 Mb
Release : 2020-07-16
Category : Law
ISBN : 9789403522241

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Competition, Data and Privacy in the Digital Economy by Maria Wasastjerna Pdf

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.

Regulating Industrial Internet Through IPR, Data Protection and Competition Law

Rosa Maria Ballardini,Petri Kuoppamäki,Olli Pitkänen
Regulating Industrial Internet Through IPR Data Protection and Competition Law Book PDF

Author : Rosa Maria Ballardini,Petri Kuoppamäki,Olli Pitkänen
Publisher : Kluwer Law International B.V.
Page : 511 pages
File Size : 51,5 Mb
Release : 2019-08-28
Category : Law
ISBN : 9789403503417

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Regulating Industrial Internet Through IPR, Data Protection and Competition Law by Rosa Maria Ballardini,Petri Kuoppamäki,Olli Pitkänen Pdf

The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.

The New EU Competition Law

Pablo Ibáñez Colomo
The New EU Competition Law Book PDF

Author : Pablo Ibáñez Colomo
Publisher : Bloomsbury Publishing
Page : 359 pages
File Size : 55,9 Mb
Release : 2023-12-14
Category : Law
ISBN : 9781782259145

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The New EU Competition Law by Pablo Ibáñez Colomo Pdf

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.