Repositioning Platforms In Digital Market Law
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Repositioning Platforms In Digital Market Law
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Author : Dušan V. Popović
language : en
Publisher:
Release Date : 2024
Repositioning Platforms In Digital Market Law written by Dušan V. Popović and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with categories.
Online platforms and their ecosystems are the cornerstone of the digital economy. They have brought forth positive network effects. But they are also known for their information asymmetries, their potential for market failures and their problematic relationship with data protection law. This volume provides a detailed analysis of the current process of repositioning online platforms in the digital economy as regulators express concerns about the evolution from mere intermediaries to gatekeepers. The exclusive reliance on competition law instruments has proven to be incapable of coping with cases of platforms abusing their market power. Therefore, the book explores the European Union's new approach to digital markets consisting in the adoption or drafting of new legislative instruments, such as the Digital Markets Act, Digital Services Act, Proposal of AI Act, Proposal of Data Act, Proposal of Data Governance Act. The EU's emphasis on new regulatory ex ante instruments (as in the Digital Markets Act) calls for an assessment of their overlap or their interface with existing supranational and national competition rules. The book transcends mere competition law thinking by exploring the status of online platforms from the perspective of trade law rules, unfair competition law, data protection rules and intellectual property law. But in view of the global reach of online platforms, the risks of a jurisdiction-wise approach with conflicting regulatory strategies are all too clear. The volume therefore includes comparative studies on Australia and the USA. The potential impact of regulatory policy choices will also be assessed from the economic perspective. The book's message is not be confined to researchers and academics. It is also of great importance to practitioners in the digital sector who stand to benefit from the analysis of the law of online platforms, undertaken by a working group of renowned authors coming from different jurisdictions.
Repositioning Platforms In Digital Market Law
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Author : Dušan V. Popović
language : en
Publisher: Springer Nature
Release Date : 2024-10-08
Repositioning Platforms In Digital Market Law written by Dušan V. Popović and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-08 with Law categories.
Online platforms and their ecosystems are the cornerstone of the digital economy. They have brought forth positive network effects. But they are also known for their information asymmetries, their potential for market failures and their problematic relationship with data protection law. This volume provides a detailed analysis of the current process of repositioning online platforms in the digital economy as regulators express concerns about the evolution from mere intermediaries to gatekeepers. The exclusive reliance on competition law instruments has proven to be incapable of coping with cases of platforms abusing their market power. Therefore, the book explores the European Union's new approach to digital markets consisting in the adoption or drafting of new legislative instruments, such as the Digital Markets Act, Digital Services Act, Proposal of AI Act, Proposal of Data Act, Proposal of Data Governance Act. The EU's emphasis on new regulatory ex ante instruments (as in the Digital Markets Act) calls for an assessment of their overlap or their interface with existing supranational and national competition rules. The book transcends mere competition law thinking by exploring the status of online platforms from the perspective of trade law rules, unfair competition law, data protection rules and intellectual property law. But in view of the global reach of online platforms, the risks of a jurisdiction-wise approach with conflicting regulatory strategies are all too clear. The volume therefore includes comparative studies on Australia and the USA. The potential impact of regulatory policy choices will also be assessed from the economic perspective. The book's message is not be confined to researchers and academics. It is also of great importance to practitioners in the digital sector who stand to benefit from the analysis of the law of online platforms, undertaken by a working group of renowned authors coming from different jurisdictions.
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.
Regulating Big Tech
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Author : David R. Gilchrist, PhD, LLM, SJD
language : en
Publisher: Fulton Books, Inc.
Release Date : 2024-12-20
Regulating Big Tech written by David R. Gilchrist, PhD, LLM, SJD and has been published by Fulton Books, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-20 with Business & Economics categories.
Dear "We the People," Daily global news supports the relevant importance of well-considered solutions to regulating Big Tech in response to the clash of constitutional restraint, agency regulation, and corporate actions. Technology's innovative networks have invaded business and economic structures. The simple has morphed into the complex while no effective method of meaningful enforcement is found within current law. Legal immunity grants expansive freedom from accountability and corporate responsibility; the ramifications are far reaching, and widespread; indeed, worldwide. Cultural norms of national regimes shape their approach to violations of anticompetitive activity. The United States solely has criminal restraining regulatory enforcement. Why is that? How effective is the civil restraining enforcement? The media publicizes financial fines intended to restrain and yet are corporately considered merely the cost of doing business. The public's accommodation becomes inevitable as the legal system loopholes surpass any legal restraint while hoodwinking deception slow walks the penalizing remedy. The objective herein is to effectively distill humanity's psyche through the lens of history, sociology, law, and economics giving the reader a rich and comprehensive understanding of foundational status quo and a context for implementing retaliatory strategy. At stake is the consequential welfare of consumers who find themselves in uncharted territory, without effective advocacy. The resultant challenging competition marketplace is a difficult environment for consumers and competitors alike. My singular goal is to provide perspective of how things should function, do function, and can function for the betterment of the citizens of this interconnected world. We are not just residents; indeed, citizenry is a participatory designation. Accountability safeguards against destruction, and it is inclusive... "We the People" are the government, not the governed; therefore, we are accountable to one another. It is my great pleasure to share this dialogue with you as we enjoy this reading journey together. May my inspiration become your aspiration to enjoin your friends in citizenry participation. David R. Gilchrist, PhD, LLM, SJD
Fundamentals Of Antitrust Law
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Author : Phillip Areeda
language : en
Publisher: Wolters Kluwer
Release Date : 2011-01-01
Fundamentals Of Antitrust Law written by Phillip Areeda and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
The hands-on guide to antitrust issues that todayand’s courts confront most often, with guidance on developing litigation strategy, counseling clients on compliance, representing clients before regulators, and advising on mergers and acquisitions; confidently advise clients on Sherman Act compliance, Hart Scott Rodino, distribution and pricing issues, and complex commercial litigation. By Herbert Hovenkamp and Phillip E. Areeda. Now published in a single-volume with an annual update, Fundamentals of Antitrust Law, Fourth Edition provides sophisticated coverage of the topics most cited or litigated in the field. Whether you are developing litigation strategy, counseling clients on compliance, representing clients before regulators, or advising on mergers and acquisitions, Fundamentals of Antitrust Law, Fourth Edition has all the information you need, at your fingertips. Turn to this invaluable volume when: Advising clients on specific aspects to comply with the Sherman Act Developing litigation strategies Representing clients before regulators Advising clients on mergers and acquisitions Advising clients on Hart Scott Rodino Handling complex commercial litigation Handling distribution and pricing issues for clients And more Organized by issue, Fundamentals of Antitrust Law, Fourth Edition covers the full range of anticompetitive conduct, as well as procedural issues. It is keyed to the leading Areeda and& Hovenkamp treatise, Antitrust Law: An Analysis of Antitrust Principles and Their Application and includes extensive cross references, organization that follows the main work, and a thorough index that allow you to get to the information you need quickly and easily.
Market Definition And Market Power In The Platform Economy
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Author : Jens-Uwe Franck
language : en
Publisher: Centre on Regulation in Europe asbl (CERRE)
Release Date : 2019-05-08
Market Definition And Market Power In The Platform Economy written by Jens-Uwe Franck and has been published by Centre on Regulation in Europe asbl (CERRE) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-08 with Law categories.
With the rise of digital platforms and the natural tendency of markets involving platforms to become concentrated, competition authorities and courts are more frequently in a position to investigate and decide merger and abuse cases that involve platforms. This report provides guidance on how to define markets and on how to assess market power when dealing with two-sided platforms. DEFINITION Competition authorities and courts are well advised to uniformly use a multi-markets approach when defining markets in the context of two-sided platforms. The multi-markets approach is the more flexible instrument compared to the competing single-market approach that defines a single market for both sides of a platform, as the former naturally accounts for different substitution possibilities by the user groups on the two sides of the platform. While one might think of conditions under which a single-market approach could be feasible, the necessary conditions are so severe that it would only be applicable under rare circumstances. To fully appreciate business activities in platform markets from a competition law point of view, and to do justice to competition law’s purpose, which is to protect consumer welfare, the legal concept of a “market” should not be interpreted as requiring a price to be paid by one party to the other. It is not sufficient to consider the activities on the “unpaid side” of the platform only indirectly by way of including them in the competition law analysis of the “paid side” of the platform. Such an approach would exclude certain activities and ensuing positive or negative effects on consumer welfare altogether from the radar of competition law. Instead, competition practice should recognize straightforwardly that there can be “markets” for products offered free of charge, i.e. without monetary consideration by those who receive the product. ASSESSMENT The application of competition law often requires an assessment of market power. Using market shares as indicators of market power, in addition to all the difficulties in standard markets, raises further issues for two-sided platforms. When calculating revenue shares, the only reasonable option is to use the sum of revenues on all sides of the platform. Then, such shares should not be interpreted as market shares as they are aggregated over two interdependent markets. Large revenue shares appear to be a meaningful indicator of market power if all undertakings under consideration serve the same sides. However, they are often not meaningful if undertakings active in the relevant markets follow different business models. Given potentially strong cross-group external effects, market shares are less apt in the context of two-sided platforms to indicate market power (or the lack of it). Barriers to entry are at the core of persistent market power and, thus, the entrenchment of incumbent platforms. They deserve careful examination by competition authorities. Barriers to entry may arise due to users’ coordination failure in the presence of network effect. On two-sided platforms, users on both sides of the market have to coordinate their expectations. Barriers to entry are more likely to be present if an industry does not attract new users and if it does not undergo major technological change. Switching costs and network effects may go hand in hand: consumer switching costs sometimes depend on the number of platform users and, in this case, barriers to entry from consumer switching costs increase with platform size. Since market power is related to barriers to entry, the absence of entry attempts may be seen as an indication of market power. However, entry threats may arise from firms offering quite different services, as long as they provide a new home for users’ attention and needs.
Digital Multimedia Concepts Methodologies Tools And Applications
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Author : Management Association, Information Resources
language : en
Publisher: IGI Global
Release Date : 2017-09-13
Digital Multimedia Concepts Methodologies Tools And Applications written by Management Association, Information Resources and has been published by IGI Global this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-13 with Computers categories.
Contemporary society resides in an age of ubiquitous technology. With the consistent creation and wide availability of multimedia content, it has become imperative to remain updated on the latest trends and applications in this field. Digital Multimedia: Concepts, Methodologies, Tools, and Applications is an innovative source of scholarly content on the latest trends, perspectives, techniques, and implementations of multimedia technologies. Including a comprehensive range of topics such as interactive media, mobile technology, and data management, this multi-volume book is an ideal reference source for engineers, professionals, students, academics, and researchers seeking emerging information on digital multimedia.
Artificial Intelligence And Competition
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Author : Georgios I. Zekos
language : en
Publisher: Springer Nature
Release Date : 2024-02-01
Artificial Intelligence And Competition written by Georgios I. Zekos and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-01 with Business & Economics categories.
This book examines the impact of artificial intelligence on competition and antitrust in today's global digital economy. It scrutinizes the economic and legal ramifications of Artificial Intelligence (AI), addressing the challenges it presents to competition and the law. Beginning with an analysis of AI's developments across various economic sectors, the book highlights the need for updated legislation. It focuses on the digital economy, emphasizing digital platforms' role in shaping competition. Econometric investigations and a novel index assess competition's influence on foreign direct investment and multinational enterprises. Comparing competition practices across jurisdictions like the EU, US, Germany, and China, the book uncovers commonalities and differences in competition law principles. It also explores various theories on competition and competition law, seeking convergence or divergence. This book is an essential resource for scholars, legal professionals,policymakers, and anyone seeking a better understanding of how AI is reshaping competition and antitrust in the digital age.
Law And The Sharing Economy
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Author : Derek McKee
language : en
Publisher: University of Ottawa Press
Release Date : 2018-11-27
Law And The Sharing Economy written by Derek McKee and has been published by University of Ottawa Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-27 with Business & Economics categories.
Controversy shrouds sharing economy platforms. It stems partially from the platforms’ economic impact, which is felt most acutely in certain sectors: Uber drivers compete with taxi drivers; Airbnb hosts compete with hotels. Other consequences lie elsewhere: Uber is associated with a trend toward low-paying, precarious work, whereas Airbnb is accused of exacerbating real estate speculation and raising the cost of long-term rental housing. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of “unfair competition” as well as debates about the merits of existing regulatory regimes. Indeed, the platforms blur a number of familiar distinctions, including personal versus commercial activity; infrastructure versus content; contractual autonomy versus hierarchical control. These ambiguities can stymie legal regimes that rely on these distinctions as organizing principles, including those relating to labour, competition, tax, insurance, information, the prohibition of discrimination, as well as specialized sectoral regulation. This book is organized around five themes: technologies of regulation; regulating technology; the sites of regulation (local to global); regulating markets; and regulating labour. Together, the chapters offer a rich variety of insights on the regulation of the sharing economy, both in terms of the traditional areas of law they bring to bear, and the theoretical perspectives that inform their analysis. Published in English.
Law And The Sharing Economy
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Author : Derek McKee
language : en
Publisher: University of Ottawa Press
Release Date : 2018-11-27
Law And The Sharing Economy written by Derek McKee and has been published by University of Ottawa Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-27 with Business & Economics categories.
Controversy shrouds sharing economy platforms. It stems partially from the platforms’ economic impact, which is felt most acutely in certain sectors: Uber drivers compete with taxi drivers; Airbnb hosts compete with hotels. Other consequences lie elsewhere: Uber is associated with a trend toward low-paying, precarious work, whereas Airbnb is accused of exacerbating real estate speculation and raising the cost of long-term rental housing. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of “unfair competition” as well as debates about the merits of existing regulatory regimes. Indeed, the platforms blur a number of familiar distinctions, including personal versus commercial activity; infrastructure versus content; contractual autonomy versus hierarchical control. These ambiguities can stymie legal regimes that rely on these distinctions as organizing principles, including those relating to labour, competition, tax, insurance, information, the prohibition of discrimination, as well as specialized sectoral regulation. This book is organized around five themes: technologies of regulation; regulating technology; the sites of regulation (local to global); regulating markets; and regulating labour. Together, the chapters offer a rich variety of insights on the regulation of the sharing economy, both in terms of the traditional areas of law they bring to bear, and the theoretical perspectives that inform their analysis. Published in English.