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| Author | : Schrepel, Thibault |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 304 |
| Release | : 2021-09-21 |
| Genre | : Law |
| ISBN | : 1800885539 |
This innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate.
| Author | : Thibault Schrepel |
| Publisher | : |
| Total Pages | : 59 |
| Release | : 2019 |
| Genre | : |
| ISBN | : |
Western legal systems have historically helped establish trust between parties and reduce transactional uncertainty by providing recourse to legal procedures. Nonetheless, establishing trust still imposes significant transactional costs and blockchain may reduce them to a smaller level. In the meantime, the very nature of the technology raises fundamental questions about antitrust law and how individuals conduct transactions. This article intends to contribute to the literature by describing the challenges that blockchain presents for analyses of unilateral anticompetitive practices and proposing some changes to antitrust law and regulations that address those challenges. It proceeds in three sections to this end.First, this article argues that, because blockchain is decentralized, anonymous, and immutable, questions arise regarding the ability to detect anticompetitive practices and their perpetrators. We show that some practices are de facto more likely to be implemented.Next, this article discusses current antitrust laws and how antitrust authorities should tackle these issues. On the one hand, regulators must avoid using their unfamiliarity with a new technology to justify over-regulating a potentially beneficial advancement or employing what this article calls the “blockchain excuse” for regulation. On the other hand, antitrust enforcement must adapt to stay relevant, and this article suggests that regulators adopt a new methodology of “regulatory infiltration” using a “law is code” approach.Third, even if this new regulatory scheme is adopted, some ultimate questions demand resolution. This article seeks to address them in part three: is blockchain the death of antitrust law as we know it? Should it be? Answering those questions is not easy because blockchain continues to evolve. Nevertheless, the decentralized nature of blockchain forces us to consider the legitimacy of antitrust law, which rests on centralized legal structures and enforcement that are inconsistent with blockchain's trustless nature; although, antitrust is still needed. This is the blockchain antitrust paradox.
| Author | : Pollicino, Oreste |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 256 |
| Release | : 2021-07-31 |
| Genre | : Law |
| ISBN | : 1839100796 |
This important and topical book provides a comprehensive overview of the challenges raised by blockchain from the perspective of public law. It considers the ways in which traditional categories of public law such as sovereignty, citizenship and territory are shaped, as well as the impact of blockchain technology on fundamental rights and democratic values.
| Author | : Aurelien Portuese |
| Publisher | : Springer Nature |
| Total Pages | : 182 |
| Release | : 2022-01-21 |
| Genre | : Law |
| ISBN | : 3030858596 |
Algorithms are ubiquitous in our daily lives. They affect the way we shop, interact, and make exchanges on the marketplace. In this regard, algorithms can also shape competition on the marketplace. Companies employ algorithms as technologically innovative tools in an effort to edge out competitors. Antitrust agencies have increasingly recognized the competitive benefits, but also competitive risks that algorithms entail. Over the last few years, many algorithm-driven companies in the digital economy have been investigated, prosecuted and fined, mostly for allegedly unfair algorithm design. Legislative proposals aim at regulating the way algorithms shape competition. Consequently, a so-called “algorithmic antitrust” theory and practice have also emerged. This book provides a more innovation-driven perspective on the way antitrust agencies should approach algorithmic antitrust. To date, the analysis of algorithmic antitrust has predominantly been shaped by pessimistic approaches to the risks of algorithms on the competitive environment. With the benefit of the lessons learned over the last few years, this book assesses whether these risks have actually materialized and whether antitrust laws need to be adapted accordingly. Effective algorithmic antitrust requires to adequately assess the pro- and anti-competitive effects of algorithms on the basis of concrete evidence and innovation-related concerns. With a particular emphasis on the European perspective, this book brings together experts and scrutinizes on the implications of algorithmic antitrust for regulation and innovation.
| Author | : Roger D. Blair |
| Publisher | : Cambridge University Press |
| Total Pages | : 873 |
| Release | : 2017-04-07 |
| Genre | : Law |
| ISBN | : 1108211178 |
This Cambridge Handbook, edited by Roger D. Blair and D. Daniel Sokol, brings together a group of world-renowned professors in the fields of law and economics to assess the theory and practice of antitrust, intellectual property, and high tech. With the increased globalization of antitrust, a better understanding of how law and economics shape this interface will help academics, policymakers, and practitioners to understand the existing state of academic literature, its limits, and its relevance to real-world antitrust. The book will be an essential resource for anyone seeking to understand academic and policy considerations shaping the world of antitrust, intellectual property, and high tech.
| Author | : Stephan Breu |
| Publisher | : |
| Total Pages | : 11 |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
Blockchain technology has come to most people's attention through Bitcoin as the leading cryptocurrency today. But the technology can be used for a lot of other applications as a way to store decentralized data and information. Blockchains are filing their records through a continuously growing number of single “blocks” which are linked and secured using cryptography. Typically, such blockchains are managed by a peer-to-peer network using a specified protocol for validating new blocks. By storing data across an international network, this new technology is operating independently of any government or central bank as it is not residing in a specific area of influence of any given regulation or jurisdiction. Also, there is the question as to which court has jurisdiction in context of blockchain disputes based on the international and anonymous structure. These systems also offer a high level of anonymity to their participants. Given these scenarios it has to be considered that blockchains with shared use of distributed ledgers by several competitors might be a considerable risk under antitrust and competition laws. To get full value for future blockchain applications, a deep cooperation and collaboration on a common platform by all participants - that often will also be competitors - will be necessary. Although collaborating to achieve an outcome more efficiently is generally not sanctioned by antitrust laws, there are still potential antitrust concerns to be considered. And finally, due to the automatic and irreversible execution of blockchain transactions, one has also to think about technical precautions for enforcing any possible court decisions. All these challenges for the future will ask for a strong self-regulation of the market participants in the digital marketplace.
| Author | : Cindy Vestergaard |
| Publisher | : Springer Nature |
| Total Pages | : 116 |
| Release | : 2021-10-25 |
| Genre | : Computers |
| ISBN | : 3030862402 |
This book intersects the distributed ledger technology (DLT) community with the international security community. Given the increasing application of blockchain technology in the fields of business and international development, there is a growing body of study on other use cases. For instance, can blockchain have a significant role in preserving and improving international security? This book explores this question in the context of preventing the proliferation of some of the most dangerous materials in the world—items that if not secured can lend to the development of weapons of mass destruction. It considers how blockchain can increase efficiencies in the global trade of nuclear and chemical materials and technology, thereby increasing assurances related to compliance with international nonproliferation and disarmament treaties.
| Author | : Giovanna Massarotto |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022 |
| Genre | : |
| ISBN | : |
The U.S. antitrust enforcement mechanism is criticized for being ill-adapted to ensuring competition in digital platforms. In the U.S., several bills have been introduced in Congress with the aim to create a new antitrust regulatory framework for digital platforms. This paper proposes a different solution by exploring the adoption of a blockchain system and smart contracts to make the present antitrust enforcement more efficient. In the U.S. approximately ninety percent of no-merger antitrust proceedings are settled by means of consent decrees. However, the consent decree procedure is criticized for a lack of transparency and there is often the need for more coordination among different antitrust enforcers in the definition of remedies. This begs the question of whether a distributed ledger can assist in making the consent decree mechanism more transparent by enhancing coordination and data consistency. Furthermore, verifying companies' compliance with antitrust remedies enshrined in consent decrees is typically costly and time-consuming for an antitrust agency and these remedies can become ineffective. This paper investigates a blockchain system to tackle the lack of transparency and coordination in reaching the antitrust consent in the context of the FTC consent decree procedure. It further investigates the use of smart contracts and blockchain-based smart contracts to enforce antitrust remedies enshrined in antitrust consent decrees by using FTC remedies as an example. Antitrust does not really need a new regulatory framework, what it does need is to explore the adoption of new tools and resources to make the antitrust enforcement more efficient through a technologically managed solution.
| Author | : Steven J. Cernak |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : |
| ISBN | : 9781522113874 |
| Author | : Giovanna Massarotto |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 290 |
| Release | : 2019-10-17 |
| Genre | : Law |
| ISBN | : 9403511117 |
Competition enforcement authorities use settlements as a tool to ensure compliance with antitrust law. Companies can make commitments to remedy breaches, ensuring that they avoid litigation and potential fines and reputational damage. The author of this highly original and innovative book shows that, rather than fines or arguing principles of competition law in litigation, antitrust settlements (namely U.S. consent decrees and EU commitment decisions) hold the key to globally effective enforcement, particularly in the digital and blockchain era. Antitrust law does not necessarily need to be abolished, but rather should be fully exploited as an economic regulation led by antitrust settlements. In supporting her thesis, the author examines such elements of competition enforcement as the following: drawbacks of allowing the courts to regulate markets; whether antitrust settlements sacrifice antitrust deterrence; how settlements rapidly and surgically regulate markets; comparative analysis between U.S. consent decrees and EU commitment decisions; economic analysis on the adoption of antitrust settlements in both the U.S. and EU markets from 2013 to 2018; fundamental role of antitrust settlements in regulating the current digital markets; and comprehensive description on how to use antitrust settlements to regulate the data industry. With its thorough guidance on U.S. consent decrees and EU commitment decisions from their functioning to their characteristics and procedure—and its extensive treatment of the main antitrust remedies available and used in enforcing of antitrust law in both the U.S. and EU—the book provides both an economic and a legal analysis of the functioning and the scope of antitrust settlements. It assesses the influence of decisions on companies’ behavior and agencies’ practice, using economic analysis to show the procompetitive or anticompetitive effects of remedies, with special attention to digital markets. Because markets have become so dynamic and unpredictable that is difficult to preserve efficiency, the author says, there is a little room for law—economic regulation is a better fit. This book is a springboard to further investigate how a simple antitrust enforcement tool, having turned competition law into an economic regulation policy, can drive our economy, leading both the antitrust and regulatory interventions in tackling today’s market challenges.
