[PDF] Antitrust In Data Driven Markets Legal Framework For Influencers Native Advertising And Control Over The Use Of Ai In Marketing eBook

Author : Bruce Kilpatrick
Publisher : Springer Nature
Page : 463 pages
File Size : 15,97 MB
Release : 2022-12-07
Category : Law
ISBN : 303107422X

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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.

Author : Alptekin Koksal
Publisher :
Page : 0 pages
File Size : 22,74 MB
Release : 2023
Category : LAW
ISBN : 9781003458791

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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.

Author : Beata Mäihäniemi
Publisher :
Page : 0 pages
File Size : 46,9 MB
Release : 2020
Category : Antitrust law
ISBN : 9781788974257

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1. Introduction -- Part I: Theory on abuse of dominance in digital markets -- 2. Introduction to Part I: Theory on abuse of dominance in digital markets -- 3. Information in digital markets -- 4. Characteristics of digital markets and their implications on the assessment of market power -- 5. Dominance of online platforms -- 6. Law on abuse of dominance in digital markets -- Part II: Refusal to give access to information: Case study of google search behaviours -- 7. Introduction to Part II: Refusal to give access to information: Case study of google search behaviours -- 8. Background on the antitrust investigations into google -- 9. Is google dominant? -- 10. Contractual restrictions on the portability and management of online search advertising campaigns across google's adwords and competing platforms -- 11. Search bias as an abuse of dominance -- 12. On the choice of legal procedures and actions for the European commission in google search (shopping) decision -- Part III: Policy recommendations on abuse of dominance by information intermediaries -- 13. Introduction to Part III: Policy recommendations on abuse of dominance by information intermediaries -- 14. Intersection between digital markets and competition law. Problems and practical solutions -- 15. Conclusions -- Index.

Author : Gintarè Surblytė-Namavičienė
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 26,20 MB
Release : 2020-10-30
Category : Law
ISBN : 1788116658

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This incisive book provides a much-needed examination of the legal issues arising from the data economy, particularly in the light of the expanding role of algorithms and artificial intelligence in business and industry. In doing so, it discusses the pressing question of how to strike a balance in the law between the interests of a variety of stakeholders, such as AI industry, businesses and consumers.

Author : Miguel de Avillez Pereira
Publisher : Springer
Page : 496 pages
File Size : 17,19 MB
Release : 2000-06-28
Category : Law
ISBN : 9789041113368

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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.

Author : Nathan Newman
Publisher :
Page : 73 pages
File Size : 47,89 MB
Release : 2014
Category :
ISBN :

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This article is a case for reorienting many antitrust investigations -- and more generally regulatory approaches -- to focus on how control of personal data by corporations can entrench monopoly power in an economy shaped increasingly by the power of "big data." The core source of value being delivered to advertisers by a company like Google (as with many "new media" companies) is the ability to target users with ads because of its dominant control of databases of user personal data. As section II of this article will argue, what is largely missed in analyses defending Google from antitrust action is how that ever expanding control of user personal data and its critical value to online advertisers creates an insurmountable barrier to entry for new competition. And, contra the idea that Google just inherited that business advantage through its innovation in search engine technology, section III of this article will detail how Google has aggressively expanded its control of user data through expanding into new product sectors to collect additional user data with the intent to use its presence in those other markets to reinforce its core search advertising monopoly. Beyond the general expansion into tied markets for user data, Google's "bad acts" have included multiple violations of the law through invading user privacy in pursuit of control of user data. In section IV, the article proposes remedies that can address Google's dominance in three major ways, separately and in combination: (1) reduce Google's control of overall user data, (2) create a real market for user data by empowering users, and (3) impose public interest obligations on Google to restrain damage to consumer welfare. In section V, the article concludes by noting how issues raised by the article present some fundamental challenges to the Chicago School approach, including highlighting how the lock-in of monopoly in online markets calls for earlier intervention in technology markets and a much broader recognition of how expanding information asymmetry due to data mining undermines the hope that the market itself will curb monopoly abuses in the economy.

Author : Mark R. Patterson
Publisher :
Page : 330 pages
File Size : 34,60 MB
Release : 2017
Category : Antitrust law
ISBN : 0674971426

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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

Author : Aurelien Portuese
Publisher : Springer Nature
Page : 182 pages
File Size : 35,32 MB
Release : 2022-01-21
Category : Law
ISBN : 3030858596

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Algorithms are ubiquitous in our daily lives. They affect the way we shop, interact, and make exchanges on the marketplace. In this regard, algorithms can also shape competition on the marketplace. Companies employ algorithms as technologically innovative tools in an effort to edge out competitors. Antitrust agencies have increasingly recognized the competitive benefits, but also competitive risks that algorithms entail. Over the last few years, many algorithm-driven companies in the digital economy have been investigated, prosecuted and fined, mostly for allegedly unfair algorithm design. Legislative proposals aim at regulating the way algorithms shape competition. Consequently, a so-called “algorithmic antitrust” theory and practice have also emerged. This book provides a more innovation-driven perspective on the way antitrust agencies should approach algorithmic antitrust. To date, the analysis of algorithmic antitrust has predominantly been shaped by pessimistic approaches to the risks of algorithms on the competitive environment. With the benefit of the lessons learned over the last few years, this book assesses whether these risks have actually materialized and whether antitrust laws need to be adapted accordingly. Effective algorithmic antitrust requires to adequately assess the pro- and anti-competitive effects of algorithms on the basis of concrete evidence and innovation-related concerns. With a particular emphasis on the European perspective, this book brings together experts and scrutinizes on the implications of algorithmic antitrust for regulation and innovation.

Author : Bruce Kilpatrick
Publisher : Springer
Page : 605 pages
File Size : 34,78 MB
Release : 2018-07-03
Category : Law
ISBN : 3319714198

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This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject. The second part of the book gathers contributions from various jurisdictions on the topic “To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with exceptions to copyright, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. 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 : Michael A. Carrier
Publisher : Oxford University Press, USA
Page : 421 pages
File Size : 24,2 MB
Release : 2011-02-04
Category : Law
ISBN : 0199794286

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'Innovation For The 21st Century' contends that intellectual property and antitrust, the two most important laws fostering innovation, are not being used most effectively to achieve this goal and offers various proposals that individually and collectively remedy this deficiency.