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Big Data and Privacy in Merger Review - Competition Policy for the 21st Century Digital Economy

Author : Maria Wasastjerna
Publisher :
Page : pages
File Size : 39,35 MB
Release : 2018
Category :
ISBN :

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Big data is the hot buzzword across industries and data is playing an increasingly important role in how businesses compete on the markets. In the digital economy, big data represents a core economic asset that can create significant competitive advantage for companies. Although the collection and analysis of data by companies is not limited to consumer data, many aspects of big data are targeted specifically at consumers, their preferences and behavior. This collection and use of personal information raises privacy issues. To keep pace with these developments, competition authorities have started to make data and its implications for competition law a key focus. Competition issues associated with big data are an emerging agenda for the regulators around the world. Last year, French and German competition authorities published a joint study examining the interplay between data and competition law. The Organization for Economic Cooperation and Development (OECD) issued a paper in November 2016 on big data's implications for competition enforcement. The European Commission has also confirmed its interest in big data, in particular with regard to privacy issues and data as an asset. Most recently, the Commission's interest in data is reflected in the authority currently weighing possible changes to merger rules to better capture data-focused mergers.

Competition, Data and Privacy in the Digital Economy

Author : Maria Wasastjerna
Publisher : Kluwer Law International B.V.
Page : 416 pages
File Size : 13,73 MB
Release : 2020-07-16
Category : Law
ISBN : 9403522240

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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.

Big Data and Competition Policy

Author : Maurice E. Stucke
Publisher :
Page : pages
File Size : 42,39 MB
Release : 2016
Category : LAW
ISBN : 9780191092190

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The first text to provide understanding of the important new issue of Big Data and how it relates to competition laws and policy, both in the EU and US.

The Antitrust Paradox

Author : Robert Bork
Publisher :
Page : 536 pages
File Size : 14,45 MB
Release : 2021-02-22
Category :
ISBN : 9781736089712

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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.

Competition Policy and Merger Analysis in Deregulated and Newly Competitive Industries

Author : Peter C. Carstensen
Publisher : Edward Elgar Publishing
Page : 265 pages
File Size : 39,36 MB
Release : 2008-01-01
Category : Business & Economics
ISBN : 184844382X

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The thorough analyses presented in the book provide the reader with a good overview of the deregulation process in the respective industries. . . Competition Policy and Merger Analysis in Deregulated and Newly Competitive Industries is a valuable resource for researchers of law, economics, and political science. . . Volker Soyez, European Competition Law Review This comprehensive book contains case studies on the evolution of competition policy, with an emphasis on merger policy, for seven major US industries that have experienced substantial deregulation in the past forty years electricity, natural gas, telecommunications, railroads, airlines, hospitals and banking. Also included is a comparison of the EU s experience in attempting to bring about competition in the energy, finance, and airline industries. The contributors to the volume, each a recognized expert on the industry examined, explore the positive and negative implications of the substitution of market-oriented processes for historic patterns of command and control regulation. The chapters reveal clear similarities in the economic, legal and public policy issues that have arisen following deregulation of these economic sectors. Together they provide a good basis to discern the consistency of the problems and the relative success of differing responses to these issues over a range of industries going through similar transformation. While taking a basically positive view of the movement away from direct regulation, the contributors identify a number of continuing problems with achieving workable competition in these industries. The thorough analyses presented here will be of great value to law, economics, and political science researchers interested in deregulation, economic consultants advising government agencies or private parties, attorneys who focus on deregulated industries, policy planners at the agencies overseeing these industries, and students in advanced seminars on economic regulation.

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

Author : Jan Krämer
Publisher : Centre on Regulation in Europe (CERRE)
Page : 104 pages
File Size : 12,28 MB
Release : 2020-11-18
Category : Law
ISBN :

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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).

The Evolution of Antitrust in the Digital Era

Author : Allan Fels
Publisher :
Page : 304 pages
File Size : 39,33 MB
Release : 2020-10-10
Category :
ISBN : 9781950769612

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This collection of essays represents the first in a series of two volumes that set out to reflect the state of the art of antitrust thinking in digital markets in jurisdictions around the world. The issues it tackles are many: the role of innovation, the conundrum of big data, the evolution of media markets, and the question of whether existing antitrust tools are sufficient to deal with the challenges of digital markets. Each author tackles the overarching themes from their unique national perspective. The resulting tapestry reflects the challenges and opportunities presented by the modern digital era, viewed through the lens of competition enforcement.

Merger Policy in Digital Markets

Author : Elena Argentesi
Publisher :
Page : 43 pages
File Size : 41,34 MB
Release : 2019
Category : Competition
ISBN :

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This paper presents a broad retrospective evaluation of mergers and merger decisions in the digital sector. We first discuss the most crucial features of digital markets such as network effects, multi-sidedness, big data, and rapid innovation that create important challenges for competition policy. We show that these features have been key determinants of the theories of harm in major merger cases in the past few years. We then analyse the characteristics of almost 300 acquisitions carried out by three major digital companies -- Amazon, Facebook, and Google -- between 2008 and 2018. We cluster target companies on their area of economic activity and show that they span a wide range of economic sectors. In most cases, their products and services appear to be complementary to those supplied by the acquirers. Moreover, target companies seem to be particularly young, being four-years-old or younger in nearly 60% of cases at the time of the acquisition. Finally, we examine two important merger cases, Facebook/Instagram and Google/Waze, providing a systematic assessment of the theories of harm considered by the UK competition authorities as well as evidence on the evolution of the market after the transactions were approved. We discuss whether the CAs performed complete and careful analyses to foresee the competitive consequences of the investigated mergers and whether a more effective merger control regime can be achieved within the current legal framework.

WebSci '18

Author : Websci
Publisher :
Page : 402 pages
File Size : 23,59 MB
Release : 2018-10-31
Category : Computers
ISBN : 9781450361675

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It is our great pleasure to welcome you to the 10th ACM Conference on Web Science, Amsterdam, 27-30 May 2018. This year's edition of the WebSci conference (WebSci'18) celebrates the ten year anniversary of the unique conference series where a multitude of disciplines converge in a creative and critical dialogue with the aim of understanding the Web and its impacts. The WebSci conference brings together researchers from multiple disciplines, like computer science, sociology, economics, information science, anthropology and psychology. Web Science is the emergent study of the people and technologies, applications, processes and practices that shape and are shaped by the World Wide Web. Web Science aims to draw together theories, methods and findings from across academic disciplines, and to collaborate with industry, business, government and civil society, to develop our knowledge and understanding of the Web: the largest socio-technical network in human history. This year we were very pleased to receive 113 submissions for the regular research track. Given the high quality of submissions, it has been a hard job to decide which of the contributions to select for the conference. We are grateful for the support of the Program Committee which consisted of 10 senior members and 35 regular members. All PC members worked hard, based on which we could select an interesting, varied, exciting program comprising 30 long and 15 short papers.

The Foundations of EU Data Protection Law

Author : Orla Lynskey
Publisher : Oxford University Press
Page : 337 pages
File Size : 20,50 MB
Release : 2015-11-26
Category : Law
ISBN : 0191028061

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Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.