Hardback
Competition Law for the Digital Economy
The digital economy is gradually gaining traction through a variety of recent technological developments, including the introduction of the Internet of things, artificial intelligence and markets for data. This innovative book contains contributions from leading competition law scholars who map out and investigate the anti-competitive effects that are developing in the digital economy.
More Information
Critical Acclaim
Contributors
Contents
More Information
The digital economy is gradually gaining traction through a variety of recent technological developments, including the introduction of the Internet of things, artificial intelligence and markets for data. This innovative book contains contributions from leading competition law scholars who map out and investigate the anti-competitive effects that are developing in the digital economy.
Competition Law for the Digital Economy critically evaluates how the digital economy differs from the old economy and the ways in which competition law interacts with other legal regimes of data protection and sector specific regulations. This book also considers the broader issues, addressing the possible remedies to be imposed in the case of restrictions on digital markets. This timely book asserts that whilst the digital economy is currently in its infancy, competition law should play a crucial role in shaping the competitive digital ecosystem.
Providing the general perspectives on competition policy and the application of traditional and new regulatory tools for the digital economy, this analytical book will be a key resource for competition law students and academics, while also appealing to practitioners.
Competition Law for the Digital Economy critically evaluates how the digital economy differs from the old economy and the ways in which competition law interacts with other legal regimes of data protection and sector specific regulations. This book also considers the broader issues, addressing the possible remedies to be imposed in the case of restrictions on digital markets. This timely book asserts that whilst the digital economy is currently in its infancy, competition law should play a crucial role in shaping the competitive digital ecosystem.
Providing the general perspectives on competition policy and the application of traditional and new regulatory tools for the digital economy, this analytical book will be a key resource for competition law students and academics, while also appealing to practitioners.
Critical Acclaim
‘This volume is an excellent contribution to state-of-the-art discussions on some very important topics in antitrust regulation of the digital economy. Each author, without exception, raises important issues and presents significant food for thought. The topics discussed are current, the solutions which competition authorities devise for the issues discussed will have profound consequences. For those working in the digital domain, this book is a must-read, and belongs on the library shelf.’
– Bruce Wardhaugh, European Competition Law Review
‘This exceptional compilation addresses the major topics occupying the minds of competition law experts around the world today. Questions regarding the adequacy of competition law to respond to the challenges of digital markets are subjected to rigorous and original analysis by leading scholars in an important and fresh contribution to the literature. Big data, privacy, artificial intelligence, platforms and enforcement approaches are all placed under the microscope. A must-read to get across the critical issues facing competition in a digital economy.’
– Caron Beaton-Wells, University of Melbourne, Australia
''This very important and exciting volume addresses virtually all of the phases of competition law and policy in the digital economy. The volume brings together the research and thinking of scholars, both emerging and established, from around the world. The chapters give penetrating analyses of the major cutting-edge issues that the world is hungry to understand, including access to data, do the digital behemoths have market power, is data privacy a competition dimension, how to analyze big data acquisitions of start-ups, and what remedies fit the new digital market problems?''
– Eleanor Fox, New York University, US
– Bruce Wardhaugh, European Competition Law Review
‘This exceptional compilation addresses the major topics occupying the minds of competition law experts around the world today. Questions regarding the adequacy of competition law to respond to the challenges of digital markets are subjected to rigorous and original analysis by leading scholars in an important and fresh contribution to the literature. Big data, privacy, artificial intelligence, platforms and enforcement approaches are all placed under the microscope. A must-read to get across the critical issues facing competition in a digital economy.’
– Caron Beaton-Wells, University of Melbourne, Australia
''This very important and exciting volume addresses virtually all of the phases of competition law and policy in the digital economy. The volume brings together the research and thinking of scholars, both emerging and established, from around the world. The chapters give penetrating analyses of the major cutting-edge issues that the world is hungry to understand, including access to data, do the digital behemoths have market power, is data privacy a competition dimension, how to analyze big data acquisitions of start-ups, and what remedies fit the new digital market problems?''
– Eleanor Fox, New York University, US
Contributors
Contributors: K. Bania, E. Deutscher, S.Y. Esayas, R.C. Feldman, M.S. Gal, B. Lundqvist, S. Makris, H.K. Schmidt, N. Thieme, Y. Uemura, S. Van Uytsel, J. Vesala, S. Vezzoso, K. Voss
Contents
Contents:
Preface
PART I GENERAL PERSPECTIVES ON COMPETITION POLICY AND THE APPLICATION OF TRADITIONAL TOOLS FOR THE DIGITAL ECONOMY
1 Regulating competition in the digital economy 2
Björn Lundqvist
2 Taming the shrew: is there a need for a new market power definition for the digital economy? 29
Hedvig K. Schmidt
3 Competition at the dawn of artificial intelligence 71
Robin C. Feldman and Nick Thieme
4 Competition by design 93
Simonetta Vezzoso
PART II CONDUCT THAT VIOLATES ANTITRUST AND THE INTERFACE BETWEEN DATA PROTECTION RULES, OTHER SECTOR-SPECIFIC RULES, AND COMPETITION LAW
5 Privacy-as-a-quality parameter of competition 126
Samson Y. Esayas
6 How to measure privacy-related consumer harm in merger analysis? 173
Elias Deutscher
7 Regulation complementing EU competition law in the digital economy 212
Juha Vesala
8 Online platforms and the Japan Fair Trade Commission: the DeNA case as an example of early market intervention 231
Steven Van Uytsel and Yoshiteru Uemura
9 The European Commission’s decision in Google Search 264
Konstantina Bania
PART III REMEDIES TO BE IMPOSED IN CASE OF RESTRICTION ON DIGITAL MARKETS
10 Consent-based case resolution 303
Katharina Voss
11 Antitrust governance in an era of rapid change 325
Stavros Makris
Index 365
Preface
PART I GENERAL PERSPECTIVES ON COMPETITION POLICY AND THE APPLICATION OF TRADITIONAL TOOLS FOR THE DIGITAL ECONOMY
1 Regulating competition in the digital economy 2
Björn Lundqvist
2 Taming the shrew: is there a need for a new market power definition for the digital economy? 29
Hedvig K. Schmidt
3 Competition at the dawn of artificial intelligence 71
Robin C. Feldman and Nick Thieme
4 Competition by design 93
Simonetta Vezzoso
PART II CONDUCT THAT VIOLATES ANTITRUST AND THE INTERFACE BETWEEN DATA PROTECTION RULES, OTHER SECTOR-SPECIFIC RULES, AND COMPETITION LAW
5 Privacy-as-a-quality parameter of competition 126
Samson Y. Esayas
6 How to measure privacy-related consumer harm in merger analysis? 173
Elias Deutscher
7 Regulation complementing EU competition law in the digital economy 212
Juha Vesala
8 Online platforms and the Japan Fair Trade Commission: the DeNA case as an example of early market intervention 231
Steven Van Uytsel and Yoshiteru Uemura
9 The European Commission’s decision in Google Search 264
Konstantina Bania
PART III REMEDIES TO BE IMPOSED IN CASE OF RESTRICTION ON DIGITAL MARKETS
10 Consent-based case resolution 303
Katharina Voss
11 Antitrust governance in an era of rapid change 325
Stavros Makris
Index 365
