The Contestable And Potentially Harmful Conclusions Of The Microsoft Case
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The Contestable and Potentially Harmful Conclusions of the 'Microsoft' Case by Veronica Hagenfeldt Pdf
Master's Thesis from the year 2009 in the subject Law - Media, Multimedia Law, Copyright, grade: Distinction, University of Edinburgh (School of Law), course: Master Thesis in the LLM in European Law Programme, language: English, abstract: In what has been described as the most important competition law case in EU history the CFI upheld the Commission's finding that Microsoft was guilty of committing two infringements of EC competition law: illegitimately to have refused to supply intellectual property (IP) protected interoperability information to competing workgroup server operating systems (WGSOS), and to have performed an illegal tie of its Windows Media Player (WMP) to its dominant operating system. Microsoft has been labelled "the biggest encroachment on intellectual property in European competition law history" and it is accused of hampering innovation and interfering with beneficial product integration by applying an anachronistic form-based tying test. In the opinion of the author the Judgment is an esoteric masterpiece of obfuscation that despite its considerable volume does little to provide legal certainty regarding the conditions under which compulsory licensing of IP rights (IPRs) will occur, or when technical integration will be deemed legal. Microsoft is of ever-increasing relevance for legal academics and undertakings alike for several reasons: First, since it is the most high profile ruling on the two most controversial issues within EC competition law - compulsory licensing of IPRs and tying - the Judgment will be a fundamental point of reference, especially amid claims that competition authorities' concerns regarding the acquisition and use of IPRs are increasing and that legitimate worries of IP owners (IPOs) are accordingly engendered. Second, high tech markets are increasingly important to consumers and to the global economy, and Microsoft is the "focal point for the ongoing debate about the future direction of the software business" because i
Author : Richard Feasey,Jan Krämer Publisher : Centre on Regulation in Europe asbl (CERRE) Page : 62 pages File Size : 45,7 Mb Release : 2019-10-24 Category : Political Science ISBN : 8210379456XXX
Implementing effective remedies for anti-competitive intermediation bias on vertically integrated platforms by Richard Feasey,Jan Krämer Pdf
This report considers the challenges that arise in remedying ‘intermediation bias’ by vertically integrated digital platforms which match the needs of different groups of users so they can transact with each other. Platforms perform this intermediation function by displaying and ranking those services or products which are most relevant to the users’ needs and, in doing so, compete for consumers’ attention. What is intermediation bias? Platforms compete for users’ attention to varying degrees depending on the ease with which users can switch between platforms and their inclination to do so, entry barriers for other platforms, and many other factors. Generally, platforms have an incentive to offer consumers the most relevant matches, because the platforms can then capture part of the value that has been created for both the consumer and the businesses that are being intermediated. However, sometimes platforms may also have incentives to deviate from offering the most relevant matches first and bias the intermediation towards matches that are more profitable to themselves. This concern is especially pronounced in the context of vertically integrated platforms which undertake both the intermediation function and supply services or products in the downstream market and who therefore have the ability to direct users’ attention towards their affiliated services and products, even if rival services or products are more relevant to users’ needs. Such ‘biased intermediation’ may harm consumers, both by providing them with poorer matches on the platform and by distorting competition in the relevant downstream market and, potentially, in the platform market itself. Competition authorities have prosecuted a number of significant cases involving intermediation bias – including the recent Google Shopping case – and it seems likely that further cases will be pursued in the future. It can be very difficult to detect bias in the first place, or to determine the source of any bias that has been detected. Digital platforms use very complex algorithms to perform their intermediation functions and make frequent changes to them. Distinguishing between legitimate changes which improve the quality of matches and those which unfairly bias them can be very difficult since the impact of any individual adjustment can be subtle and the effects can be cumulative. This task may be even more difficult ex post, as competitive conditions may have changed in the meantime. This report does not imply that all vertically integrated platforms engage in biased intermediation, nor does it elaborate on how to detect intermediation bias and theories of harm. Rather, it presupposes that a competent authority, whether a competition authority or a regulatory authority with the power to impose ex-post remedies, has identified intermediation bias and it is necessary to remedy it. The aim of this report is to discuss the approach to remedies in this context. Challenges when remedying intermediation bias The challenge of remedying intermediation bias arises in part because a user’s attention is rivalrous and the selection and ranking of matches must involve giving prominence to some results and demoting or excluding others. Non-discrimination rules of the kind applied in the regulation of vertically integrated firms in network industries would compromise the core sorting function which the platform performs. Other remedies used in network industries, such as those requiring regulated access to upstream inputs, are also inappropriate when rivals in digital markets require equal access to users’ attention rather than to specific factors of production. Effective remedies against intermediation bias must either ensure that the platform no longer has an incentive to engage in biased intermediation by separating ownership of the platform from the entity engaged in the downstream activities, or must ensure that the platform no longer has the ability to produce matches which would harm users of the platform. The need for experimentation We recognise that competition authorities may be reluctant to undertake their own remedy design and may prefer to rely upon proposals submitted by platforms, criticisms by rivals, or benchmarks or quotas which specify outcomes in the downstream market rather than directly addressing bias in the intermediation process itself. This seems unsatisfactory. Instead, we would urge public authorities – whether a competition authority or some other body such as a specialist ‘digital agency’ or another existing regulatory body – to demand access to the same experimental data which the platform itself used when proposing any particular remedy. This means the authority would have the same access to internal data and documents of a firm as it is able to obtain when seeking to establish an abuse. In addition, the authority should be able to direct the platform to run other experiments in order to assess their effect on outcomes. They might even involve their own staff in the experiments being undertaken by the platform (as some financial service regulators now do before authorising new financial products). At the same time, a platform might submit experimental data before making changes to its factor-based mechanisms and obtain a ‘safe harbour’ ruling from the authority in return. We think the sharing of experimental data in this way could significantly improve the quality and effectiveness of remedies for intermediation bias, whilst also providing greater certainty and objectivity for dominant vertically integrated platforms that perform intermediation functions. Such data is commercially sensitive and confidentiality would need to be assured. Experiments of this kind are better suited to assessing the impact of incremental changes than fundamental ones and may not be able to determine whether a particular set of changes would restore downstream market conditions to those which prevailed prior to the abuse, as opposed to those which now prevail. The experiments may impose some additional costs on platforms and should be undertaken only for the specific purpose of remedy appraisal. Such a new approach may require new institutional arrangements and changes to the existing legal framework in order to implement them, and might involve both competition authorities and existing or new regulatory bodies working together in a way that they have not generally done to date. The boundaries between ex ante and ex post functions may be less obvious in the future: designing effective remedies for intermediation bias may require both ex ante assessments before they are introduced and ex post appraisals after implementation. It is likely to be a more iterative and a more collaborative process, informed by the scientific results of experiments, than anything we have seen undertaken by competition authorities to date.
PTSD Among Firefighters: Startling Conclusions by Bracy Dixon Pdf
Scientific Essay from the year 2015 in the subject Psychology - Diagnostics, , language: English, abstract: The number of potential undiagnosed emergency responders is astonishing. This white paper examines this phenomena and provides an overview of a problem of epidemic proportion.
At a time when tech giants have amassed vast market power, Jonathan Baker shows how laws and regulations can be updated to ensure more competition. The sooner courts and antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
EC Competition Law by Alison Jones,B. E. Sufrin Pdf
Ideal for students taking a course on competition law in its European context, this book guides students through a wide range of carefully selected cases and materials with exceptional analysis and comment. The selection of writings has been chosen to present the most important perspectives on the subject as well as the broader socio-economic context of EC competition law. This third edition has been fully updated with all the recent developments within EC Competition Law since 2004, including coverage of the review of Article 82 and the green paper on damages, as well as further information on US anti-trust law. Each chapter now begins with a 'central issues' section which helps students to focus and direct their learning. Editions are kept up-to-date via an accompanying Online Resource Centre which also contains relevant weblinks and material including an additional chapter on State Aids. Combining the strengths of a modern textbook and traditional materials book, Cases and Materials on EC Competition Law provides a wide-ranging and thorough guide to the study of Competition Law, enabling students to engage with both legal and economic aspects and making it ideal for both under and postgraduate courses on EC Competition Law
Author : Richard B. McKenzie,Dwight R. Lee Publisher : University of Michigan Press Page : 334 pages File Size : 41,8 Mb Release : 2008-02-04 Category : Business & Economics ISBN : 0472116150
How the Chicago School Overshot the Mark by Robert Pitofsky Pdf
How the Chicago School Overshot the Mark is about the rise and recent fall of American antitrust. It is a collection of 15 essays, almost all expressing a deep concern that conservative economic analysis is leading judges and enforcement officials toward an approach that will ultimately harm consumer welfare. For the past 40 years or so, U.S. antitrust has been dominated intellectually by an unusually conservative style of economic analysis. Its advocates, often referred to as "The Chicago School," argue that the free market (better than any unelected band of regulators) can do a better job of achieving efficiency and encouraging innovation than intrusive regulation. The cutting edge of Chicago School doctrine originated in academia and was popularized in books by brilliant and innovative law professors like Robert Bork and Richard Posner. Oddly, a response to that kind of conservative doctrine may be put together through collections of scores of articles but until now cannot be found in any one book. This collection of essays is designed in part to remedy that situation. The chapters in this book were written by academics, former law enforcers, private sector defense lawyers, Republicans and Democrats, representatives of the left, right and center. Virtually all agree that antitrust enforcement today is better as a result of conservative analysis, but virtually all also agree that there have been examples of extreme interpretations and misinterpretations of conservative economic theory that have led American antitrust in the wrong direction. The problem is not with conservative economic analysis but with those portions of that analysis that have "overshot the mark" producing an enforcement approach that is exceptionally generous to the private sector. If the scores of practices that traditionally have been regarded as anticompetitive are ignored, or not subjected to vigorous enforcement, prices will be higher, quality of products lower, and innovation diminished. In the end consumers will pay.
This is the first book to provide a systematic treatment of the economics of antitrust (or competition policy) in a global context. It draws on the literature of industrial organisation and on original analyses to deal with such important issues as cartels, joint-ventures, mergers, vertical contracts, predatory pricing, exclusionary practices, and price discrimination, and to formulate policy implications on these issues. The interaction between theory and practice is one of the main features of the book, which contains frequent references to competition policy cases and a few fully developed case studies. The treatment is written to appeal to practitioners and students, to lawyers and economists. It is not only a textbook in economics for first year graduate or advanced undergraduate courses, but also a book for all those who wish to understand competition issues in a clear and rigorous way. Exercises and some solved problems are provided.
Commission on the Future of Health Care in Canada,Roy J. Romanow
Author : Commission on the Future of Health Care in Canada,Roy J. Romanow Publisher : Saskatoon : Commission on the Future of Health Care in Canada Page : 396 pages File Size : 41,6 Mb Release : 2002 Category : Medical ISBN : UIUC:30112059382330
Building on Values by Commission on the Future of Health Care in Canada,Roy J. Romanow Pdf
In April 2001, the Prime Minister established the Commission on the Future of Health Care in Canada. Its mandate was to review medicare, engage Canadians in a national dialogue on its future, and make recommendations to enhance the system's quality and sustainability. The 47 recommendations in this report outline actions that must be taken in 10 critical areas, starting by renewing the foundations of medicare and considering Canada's role in improving health around the world.
Touch in the Helping Professions by Martin Rovers,Judith Malette,Manal Guirguis-Younger Pdf
Touch may well be one of the least understood or talked about subjects in the helping professions. A discussion on the importance and ethics of positive, caring, and appropriate touch in professions such as teaching, nursing and counselling is long overdue. Touch in the Helping Professions delivers just that, weaving together scholarly evidence, research and clinical practice from a wide range of perspectives encompassing philosophy, theology, psychology, and anthropology to challenge assumptions about the role of touch in the helping professions. The contributors to the volume focus not only on the overarching roles of gender, age, culture and life experience, but go beyond to encompass canine-assisted therapy, touch deprivation, sacred objects, as well as key ethical considerations. The prevailing lack of dialogue, due to fear of contravening ethical boundaries, has stood in the way of an open and responsible discussion on the use of touch in therapy. Touch in the Helping Professions is a welcome and much needed contribution to the field—a window onto a fundamental need. This book is published in English. - Cet ouvrage offre un ensemble de données probantes et de résultats cliniques à l’appui du toucher dans le développement physique et émotionnel. Il est structuré selon trois axes : la théorie sur le toucher; la pratique du toucher dans un contexte de thérapie, et les questions éthiques. Il aborde la question du rôle du genre, de l’âge, de la culture et de l’expérience de vie, des sujets comme la zoothérapie, la privation sensorielle, des objets sacrés, et des considérations d’ordre éthique. Les approches variées – philosophie, théologie, psychologie, anthropologie – remettent en question les présuppositions, offrent un contexte historico-culturelprofessionnel, et font appel à des données primaires. Les collaborateurs soutiennent que le toucher sain et non sexuel n’est pas suffisamment enseigné dans le cadre de la formation professionnelle. Cette absence de dialogue – engendrée par la crainte de dépasser des bornes éthiques, fait en sorte qu’une discussion ouverte et responsable sur l’utilisation du toucher dans un cadre thérapeutique ne peut avoir lieu, alors même qu’elle contribuerait aux balises théoriques de notre compréhension de cet enjeu fondamental. Ce livre est publié en anglais.
The Rate and Direction of Inventive Activity Revisited by Josh Lerner,Scott Stern Pdf
This volume offers contributions to questions relating to the economics of innovation and technological change. Central to the development of new technologies are institutional environments and among the topics discussed are the roles played by universities and the ways in which the allocation of funds affects innovation.
Climate Change - the UK Programme 2006 by Great Britain. Parliament. House of Commons. Environmental Audit Committee Pdf
This publication contains oral and written evidence taken before the Committee in their inquiry into the Government's Climate Change Programme announced in March 2006 (in its White Paper 'Tomorrow's Climate, Today's Challenge' Cm. 6764, ISBN 0101676425). It includes contributions from officials from Defra, the Confederation of British Industry, the UK Sustainable Development Commission, Greater London Authority and local authorities.
