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Author: Serafino Abate Publisher: ISBN: Category : Languages : en Pages :
Book Description
The part of the economy that depends, directly or indirectly, fully or partially, on the flow and analysis of data is growing of importance2. Data-driven businesses are spilling over from the online to the offline economy, changing traditional industries. They are set to become pervasive in the coming decade, with the rise of the industrial internet, the development and adoption of AI, and the advent of new, more advanced networks. As a result, it is not surprising to find that antitrust enforcement in data markets is rising, and the nature of it is in part changing. This raises different issues that are relevant for competition policy in general, antitrust enforcement and consumer protection. Firstly, alongside traditional theories of harm, new theories of harm are being tested. Some of the recent enforcement cases based on privacy degradation aim at detecting whether or not some platforms have abused their dominance and exploited their customers in the form of data harvesting which goes behind what is permitted ("data exploitation"). Due to the unique nature of data markets and its economics, these new theories of harm rise issues with respect to remedies that are worth considering further. This working paper focuses on the first aspect, namely to consider whether new exploitative theories of harm based on privacy degradation are plausible...
Author: Serafino Abate Publisher: ISBN: Category : Languages : en Pages :
Book Description
The part of the economy that depends, directly or indirectly, fully or partially, on the flow and analysis of data is growing of importance2. Data-driven businesses are spilling over from the online to the offline economy, changing traditional industries. They are set to become pervasive in the coming decade, with the rise of the industrial internet, the development and adoption of AI, and the advent of new, more advanced networks. As a result, it is not surprising to find that antitrust enforcement in data markets is rising, and the nature of it is in part changing. This raises different issues that are relevant for competition policy in general, antitrust enforcement and consumer protection. Firstly, alongside traditional theories of harm, new theories of harm are being tested. Some of the recent enforcement cases based on privacy degradation aim at detecting whether or not some platforms have abused their dominance and exploited their customers in the form of data harvesting which goes behind what is permitted ("data exploitation"). Due to the unique nature of data markets and its economics, these new theories of harm rise issues with respect to remedies that are worth considering further. This working paper focuses on the first aspect, namely to consider whether new exploitative theories of harm based on privacy degradation are plausible...
Author: Maria Wasastjerna Publisher: Kluwer Law International B.V. ISBN: 9403522240 Category : Law Languages : en Pages : 416
Book Description
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.
Author: Roger D. Blair Publisher: Cambridge University Press ISBN: 1108211178 Category : Law Languages : en Pages : 873
Book Description
This Cambridge Handbook, edited by Roger D. Blair and D. Daniel Sokol, brings together a group of world-renowned professors in the fields of law and economics to assess the theory and practice of antitrust, intellectual property, and high tech. With the increased globalization of antitrust, a better understanding of how law and economics shape this interface will help academics, policymakers, and practitioners to understand the existing state of academic literature, its limits, and its relevance to real-world antitrust. The book will be an essential resource for anyone seeking to understand academic and policy considerations shaping the world of antitrust, intellectual property, and high tech.
Author: Robert Bork Publisher: ISBN: 9781736089712 Category : Languages : en Pages : 536
Book Description
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Author: Federico Ferretti Publisher: Springer ISBN: 3319089064 Category : Law Languages : en Pages : 135
Book Description
The legitimacy or illegitimacy of information exchanges between competitors remains a topical debate with regard to EU competition law and policy. This book reexamines the issue in the retail financial services sector, focusing on the peculiar problems that it poses for EU market integration, consumer policy and protection and the intersection with fundamental rights. It analyzes and reflects on the relevant case law and guidelines offered by the corresponding European authorities, providing a critique of the current approach and advancing the proposition that information markets themselves need attention, in addition to the markets that they serve. The book also advances new perspectives on cases in which consumers’ personal information is involved in the exchange, recognizing the inevitable interaction between EU competition law, the interests and protection of consumers and personal data protection. It suggests that the status quo under competition law is unsatisfactorily short sighted and that the EU should take a holistic approach (including information markets) to the analysis of competition law, reflecting consumer protection and fundamental rights aspects in the assessment.
Author: Bruce Kilpatrick Publisher: Springer Nature ISBN: 303107422X Category : Law Languages : en Pages : 463
Book Description
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.
Author: Renato Nazzini Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The current prominence of digital platforms that compete for customers' attention by offering them free services and generate revenue by monetising the data obtained from customers on different markets, for example on online advertising markets, has brought to the forefront of the antitrust debate the question as to whether privacy standards are a parameter of antitrust enforcement. This paper asks what role, if any, the standard of privacy protection offered by online platforms to consumers plays in antitrust enforcement.In the author's view, the answer to this question is that privacy standards are relevant to competition analysis as qualitative parameters of competition and can, and should, play a role in the assessment of mergers, agreements and unilateral conduct. When a breach of the data protection rules is either a form of exercise of market power or an element of an exclusionary strategy, competition law can and should intervene. But, as data protection issues become more and more prominent in digital markets, care should be exercised not to blur the line between competition policy and data protection. This would weaken both competition and data protection enforcement, which should instead work in tandem to achieve their common, ultimate objective of maximising societal welfare based on a democratically shared set of values, including a high standard of data protection.
Author: Serafino Abate
Author: Serafino Abate
Author: Maria Wasastjerna
Author: Roger D. Blair
Author: Joshua D. Wright
Author: Robert Bork
Author: 
Author: Federico Ferretti
Author: Dennis W. Carlton
Author: Bruce Kilpatrick
Author: Renato Nazzini