Coherence Between Data Protection And Competition Law In Digital Markets
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Author | : Majcher |
Publisher | : Oxford University Press |
Total Pages | : 337 |
Release | : 2024-01-13 |
Genre | : Law |
ISBN | : 019888561X |
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.
Author | : Klaudia Majcher |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : Antitrust law |
ISBN | : 9780191994081 |
'Coherence between Data Protection and Competition Law in Digital Markets' offers a blueprint for a more synergetic and mutually reinforcing approach towards data protection and competition law, anchored in the theory of 'sectional coherence.'
Author | : Julian Nowag |
Publisher | : Edward Elgar Publishing |
Total Pages | : 589 |
Release | : 2024-07-05 |
Genre | : Law |
ISBN | : 1802204660 |
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This Research Handbook explores the complex interplay between competition law and sustainability, and also provides key insights into the role and limitations that tax, environmental laws, consumer laws, and social laws have in promoting sustainability. A distinguished array of international experts examine core principles of environmental and social sustainability, delve into the economic dynamics that shape this multidimensional relationship, and critically analyse how competition law and policy can both positively and negatively shape sustainability outcomes.
Author | : González, Gloria |
Publisher | : Edward Elgar Publishing |
Total Pages | : 480 |
Release | : 2022-03-15 |
Genre | : Law |
ISBN | : 1786438518 |
This Research Handbook is an insightful overview of the key rules, concepts and tensions in privacy and data protection law. It highlights the increasing global significance of this area of law, illustrating the many complexities in the field through a blend of theoretical and empirical perspectives.
Author | : Paul Nihoul |
Publisher | : Edward Elgar Publishing |
Total Pages | : 421 |
Release | : |
Genre | : Antitrust law |
ISBN | : 1788972449 |
Rapid technological innovations have challenged the conventional application of antitrust and competition law across the globe. Acknowledging these challenges, this original work analyses the roles of innovation in competition law analysis and reflects on how competition and antitrust law can be refined and tailored to innovation.
Author | : Niklas Bruun |
Publisher | : Cambridge University Press |
Total Pages | : 531 |
Release | : 2021-01-07 |
Genre | : Law |
ISBN | : 1108484603 |
This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
Author | : Maurice E. Stucke |
Publisher | : |
Total Pages | : |
Release | : 2016 |
Genre | : LAW |
ISBN | : 9780191092190 |
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.
Author | : Mira Burri |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2021-07-29 |
Genre | : Business & Economics |
ISBN | : 110884359X |
An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.
Author | : Katalin Judit Cseres |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 466 |
Release | : 2005-01-01 |
Genre | : Law |
ISBN | : 9041123806 |
The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.
Author | : Damien Gerard |
Publisher | : Cambridge University Press |
Total Pages | : 475 |
Release | : 2019-05-09 |
Genre | : Law |
ISBN | : 1108498086 |
Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.