Eu Competition Law The Consumer Interest And Data Protection
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Eu Competition Law The Consumer Interest And Data Protection
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Author : Federico Ferretti
language : en
Publisher: Springer
Release Date : 2014-07-24
Eu Competition Law The Consumer Interest And Data Protection written by Federico Ferretti and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-24 with Law categories.
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.
Eu Competition Law Data Protection And Online Platforms Data As Essential Facility
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Author : Inge Graef
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-10-17
Eu Competition Law Data Protection And Online Platforms Data As Essential Facility written by Inge Graef and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-17 with Law categories.
All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
Competition Law And Policy In Digital Markets
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Author : Maria Ioannidou
language : en
Publisher: Oxford University Press
Release Date : 2025-03-01
Competition Law And Policy In Digital Markets written by Maria Ioannidou and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-01 with Law categories.
The advent of digital technologies has transformed markets and resulted in unprecedented levels of market concentration, with a handful of digital giants controlling the provision of many goods and services. Against these changing market dynamics, Competition Law and Policy in Digital Markets: A Comparative Analysis of the EU and China provides a critical comparative analysis of the application of competition law in digital markets in the EU and China. The book deciphers how these two key competition law jurisdictions apply their respective competition laws against different digital giants and the potential impact of those applications in the evolution of digital markets. This book first maps the characteristics of digital markets and the challenges they raise for competition law enforcement and, second, critically discusses decisional practice and policy developments in the EU and China. The discussion identifies potential competition law problems in the digital economy and covers various types of anti-competitive conduct at the intersection of consumer, data protection and competition law. It also identifies contentious cases, querying whether competition law can act as a gap filler or whether other regulatory tools are better suited to address such problems. Pioneering and timely, Competition Law and Policy in Digital Markets examines the challenges posed to competition law enforcement by these new dynamics. The similarities and divergent approaches between competition law enforcers in the EU and China are examined in a bid to contribute to a more transparent debate between the two.
Big Data And Competition Policy
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Author : Maurice E. Stucke
language : en
Publisher:
Release Date : 2016
Big Data And Competition Policy written by Maurice E. Stucke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with LAW categories.
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 Foundations Of Eu Data Protection Law
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Author : Orla Lynskey
language : en
Publisher: Oxford University Press
Release Date : 2015-11-26
The Foundations Of Eu Data Protection Law written by Orla Lynskey and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-26 with Law categories.
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.
Coherence Between Data Protection And Competition Law In Digital Markets
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Author : Klaudia Majcher
language : en
Publisher: Oxford University Press
Release Date : 2023-10-09
Coherence Between Data Protection And Competition Law In Digital Markets written by Klaudia Majcher and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-09 with Law categories.
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.
Virtual Competition
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Author : Ariel Ezrachi
language : en
Publisher: Harvard University Press
Release Date : 2016-11-14
Virtual Competition written by Ariel Ezrachi and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-14 with Business & Economics categories.
“A fascinating book about how platform internet companies (Amazon, Facebook, and so on) are changing the norms of economic competition.” —Fast Company Shoppers with a bargain-hunting impulse and internet access can find a universe of products at their fingertips. But is there a dark side to internet commerce? This thought-provoking exposé invites us to explore how sophisticated algorithms and data-crunching are changing the nature of market competition, and not always for the better. Introducing into the policy lexicon terms such as algorithmic collusion, behavioral discrimination, and super-platforms, Ariel Ezrachi and Maurice E. Stucke explore the resulting impact on competition, our democratic ideals, our wallets, and our well-being. “We owe the authors our deep gratitude for anticipating and explaining the consequences of living in a world in which black boxes collude and leave no trails behind. They make it clear that in a world of big data and algorithmic pricing, consumers are outgunned and antitrust laws are outdated, especially in the United States.” —Science “A convincing argument that there can be a darker side to the growth of digital commerce. The replacement of the invisible hand of competition by the digitized hand of internet commerce can give rise to anticompetitive behavior that the competition authorities are ill equipped to deal with.” —Burton G. Malkiel, Wall Street Journal “A convincing case for the need to rethink competition law to cope with algorithmic capitalism’s potential for malfeasance.” —John Naughton, The Observer
An Introduction To Eu Competition Law
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Author : Moritz Lorenz
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-25
An Introduction To Eu Competition Law written by Moritz Lorenz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-25 with Law categories.
Succinct and concise, covering all key substantive and procedural aspects of the subject, this textbook is required reading for students of EU competition law. The author's clarity of expression and wealth of worked examples, makes this sometimes complex subject accessible. This refreshing uncluttered approach guarantees the students' understanding and engagement.
Non Competition Interests In Eu Antitrust Law
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Author : Or Brook
language : en
Publisher: Cambridge University Press
Release Date : 2022-07-28
Non Competition Interests In Eu Antitrust Law written by Or Brook and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-28 with Law categories.
This book is the first to empirically study the role of non-competition interests in Article 101 TFEU enforcement.
The Eu General Data Protection Regulation Gdpr
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Author : Paul Voigt
language : en
Publisher: Springer
Release Date : 2017-08-07
The Eu General Data Protection Regulation Gdpr written by Paul Voigt and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-07 with Law categories.
This book provides expert advice on the practical implementation of the European Union’s General Data Protection Regulation (GDPR) and systematically analyses its various provisions. Examples, tables, a checklist etc. showcase the practical consequences of the new legislation. The handbook examines the GDPR’s scope of application, the organizational and material requirements for data protection, the rights of data subjects, the role of the Supervisory Authorities, enforcement and fines under the GDPR, and national particularities. In addition, it supplies a brief outlook on the legal consequences for seminal data processing areas, such as Cloud Computing, Big Data and the Internet of Things.Adopted in 2016, the General Data Protection Regulation will come into force in May 2018. It provides for numerous new and intensified data protection obligations, as well as a significant increase in fines (up to 20 million euros). As a result, not only companies located within the European Union will have to change their approach to data security; due to the GDPR’s broad, transnational scope of application, it will affect numerous companies worldwide.