Competition, Data and Privacy in the Digital Economy

Competition, Data and Privacy in the Digital Economy
Author: Maria Wasastjerna
Publisher: Kluwer Law International B.V.
Total Pages: 416
Release: 2020-07-16
Genre: Law
ISBN: 9403522240

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.

Competition Law for the Digital Economy

Competition Law for the Digital Economy
Author: Björn Lundqvist
Publisher: Edward Elgar Publishing
Total Pages: 400
Release: 2019-12-27
Genre: Law
ISBN: 1788971833

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.

The Antitrust Paradigm

The Antitrust Paradigm
Author: Jonathan B. Baker
Publisher: Harvard University Press
Total Pages: 369
Release: 2019-05-06
Genre: Law
ISBN: 0674975782

At a time when tech giants have amassed vast market power, Jonathan Baker shows how laws and regulations can be updated to ensure more competition. The sooner courts and antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.

Big Tech and the Digital Economy

Big Tech and the Digital Economy
Author: Nicolas Petit
Publisher: Oxford University Press, USA
Total Pages: 304
Release: 2020-07
Genre: Business & Economics
ISBN: 9780198837701

This book asks a simple question: are the tech giants monopolies? In the current environment of suspicion towards the major technology companies as a result of concerns about their power and influence, it has become commonplace to talk of Google, Facebook, Amazon, Apple, Microsoft, or Netflix as the modern day version of the 19th century trusts. In turn, the tech giants are vilified for a whole range of monopoly harms towards consumers, workers and even the democratic process. In the US and the EU, antitrust, and regulatory reform is on the way. Using economics, business and management science as well legal reasoning, this book offers a new perspective on big tech. It builds a theory of "moligopoly". The theory advances that the tech giants, or at least some of them, coexist both as monopolies and oligopoly firms that compete against each other in an environment of substantial uncertainty and economic dynamism. With this, the book assesses ongoing antitrust and regulatory policy efforts. It demonstrates that it is counterproductive to pursue policies that introduce more rivalry in moligopoly markets subject to technological discontinuities. And that non-economic harms like privacy violations, fake news, or hate speech are difficult issues that belong to the realm of regulation, not antimonopoly remediation.

The Economics of Platforms

The Economics of Platforms
Author: Paul Belleflamme
Publisher: Cambridge University Press
Total Pages: 275
Release: 2021-11-11
Genre: Business & Economics
ISBN: 1108625622

Digital platforms controlled by Alibaba, Alphabet, Amazon, Facebook, Netflix, Tencent and Uber have transformed not only the ways we do business, but also the very nature of people's everyday lives. It is of vital importance that we understand the economic principles governing how these platforms operate. This book explains the driving forces behind any platform business with a focus on network effects. The authors use short case studies and real-world applications to explain key concepts such as how platforms manage network effects and which price and non-price strategies they choose. This self-contained text is the first to offer a systematic and formalized account of what platforms are and how they operate, concisely incorporating path-breaking insights in economics over the last twenty years.

Competition, Innovation and the Microsoft Monopoly: Antitrust in the Digital Marketplace

Competition, Innovation and the Microsoft Monopoly: Antitrust in the Digital Marketplace
Author: Jeffrey A. Eisenach
Publisher: Springer Science & Business Media
Total Pages: 303
Release: 2012-12-06
Genre: Business & Economics
ISBN: 9401144079

Do the antitrust laws have a place in the digital economy or are they obsolete? That is the question raised by the government's legal action against Microsoft, and it is the question this volume is designed to answer. America's antitrust laws were born out of the Industrial Revolution. Opponents of the antitrust laws argue that whatever merit the antitrust laws may have had in the past they have no place in a digital economy. Rapid innovation makes the accumulation of market power practically impossible. Markets change too quickly for antitrust actions to keep up. And antitrust remedies are inevitably regulatory and hence threaten to `regulate business'. A different view - and, generally, the view presented in this volume - is that antitrust law can and does have an important and constructive role to play in the digital economy. The software business is new, it is complex, and it is rapidly moving. Analysis of market definition, contestibility and potential competition, the role of innovation, network externalities, cost structures and marketing channels present challenges for academics, policymakers and judges alike. Evaluating consumer harm is problematic. Distinguishing between illegal conduct and brutal - but legitimate - competition is often difficult. Is antitrust analysis up to the challenge? This volume suggests that antitrust analysis `still works'. In stark contrast to the political rhetoric that has surrounded much of the debate over the Microsoft case, the articles presented here suggest neither that Microsoft is inherently bad, nor that it deserves a de facto exemption from the antitrust laws. Instead, they offer insights - for policymakers, courts, practitioners, professors and students of antitrust policy everywhere - on how antitrust analysis can be applied to the business of making and marketing computer software.

Antitrust Enforcement in the Digital Economy

Antitrust Enforcement in the Digital Economy
Author: Kristian Stout
Publisher:
Total Pages: 0
Release: 2020
Genre:
ISBN:

Antitrust enforcement in digital and high-tech markets is not disconnected from traditional antitrust theory or practice. Yet, unique features of firms operating in digital and other high-tech markets can necessitate modification of doctrine. For example, modern antitrust enforcement in digital markets needs to take seriously the presence of network effects in two-sided markets and the procompetitive justifications for various kinds of product design decisions that may otherwise appear to harm competitors under older models of antitrust enforcement. The goal, however, remains enforcement of the consumer welfare standard, even if enforcers and courts must be sensitive to features particular to digital markets.This chapter takes the 2001 D.C. Circuit opinion in Microsoft as an inflection point in digital antitrust enforcement. With that case we can first clearly see all of the various threads pulled together that run through modern antitrust enforcement in high tech cases. This chapter begins with a brief overview of the precursor cases that informed enforcement up until the late 1990s before devoting attention to Microsoft and the subsequent cases that shape modern antitrust enforcement in digital markets.

Economics of Regulation and Antitrust

Economics of Regulation and Antitrust
Author: W. Kip Viscusi
Publisher: MIT Press
Total Pages: 955
Release: 2005-08-19
Genre: Business & Economics
ISBN: 026222075X

A substantially revised and updated new edition of the leading text on business and government, with new material reflecting recent theoretical and methodological advances; includes further coverage of the Microsoft antitrust case, the deregulation of telecommunications and electric power, and new environmental regulations. This new edition of the leading text on business and government focuses on the insights economic reasoning can provide in analyzing regulatory and antitrust issues. Departing from the traditional emphasis on institutions, Economics of Regulation and Antitrust asks how economic theory and empirical analyses can illuminate the character of market operation and the role for government action and brings new developments in theory and empirical methodology to bear on these questions. The fourth edition has been substantially revised and updated throughout, with new material added and extended discussion of many topics. Part I, on antitrust, has been given a major revision to reflect advances in economic theory and recent antitrust cases, including the case against Microsoft and the Supreme Court's Kodak decision. Part II, on economic regulation, updates its treatment of the restructuring and deregulation of the telecommunications and electric power industries, and includes an analysis of what went wrong in the California energy market in 2000 and 2001. Part III, on social regulation, now includes increased discussion of risk-risk analysis and extensive changes to its discussion of environmental regulation. The many case studies included provide students not only pertinent insights for today but also the economic tools to analyze the implications of regulations and antitrust policies in the future.The book is suitable for use in a wide range of courses in business, law, and public policy, for undergraduates as well at the graduate level. The structure of the book allows instructors to combine the chapters in various ways according to their needs. Presentation of more advanced material is self-contained. Each chapter concludes with questions and problems.

Antitrust Law in the New Economy

Antitrust Law in the New Economy
Author: Mark R. Patterson
Publisher:
Total Pages: 330
Release: 2017
Genre: Antitrust law
ISBN: 0674971426

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