The Evolution of Antitrust in the Digital Era

The Evolution of Antitrust in the Digital Era
Author: Allan Fels
Publisher:
Total Pages: 304
Release: 2020-10-10
Genre:
ISBN: 9781950769612

This collection of essays represents the first in a series of two volumes that set out to reflect the state of the art of antitrust thinking in digital markets in jurisdictions around the world. The issues it tackles are many: the role of innovation, the conundrum of big data, the evolution of media markets, and the question of whether existing antitrust tools are sufficient to deal with the challenges of digital markets. Each author tackles the overarching themes from their unique national perspective. The resulting tapestry reflects the challenges and opportunities presented by the modern digital era, viewed through the lens of competition enforcement.

Competition Law in Digital Era - How to Define the Relevant Market?

Competition Law in Digital Era - How to Define the Relevant Market?
Author: Maria T. Patakyova
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

Competition law serves as an important tool for regulation of undertakings. In order to conduct a competition law analysis, one must first define the relevant market. However, this task is becoming more intricate in today's digital era, especially in relation to so-called zero-price markets. These markets are characterised as markets where users of products or services do not pay for the use, at least they do not pay by money. This paper asks how to define relevant market in such case. Three methods of relevant market definition are presented, namely qualitative analysis, SSNIP test and SSNDQ test. The paper briefly explores positive and negative elements of these tests and compares the findings with the European Commission's 2019 report. It leads to the answer that qualitative method might have certain advantages in this regard.

The Electronic Communications Code

The Electronic Communications Code
Author: Great Britain: Law Commission
Publisher: The Stationery Office
Total Pages: 238
Release: 2013-02-28
Genre: Business & Economics
ISBN: 9780102982220

In this report The Electronic Communications Code the Law Commission makes recommendations to form the basis of a revised Electronic Communications Code, which was originally enacted in 1984 to regulate landline telephone provision. It sets out the regime that governs the rights of designated electronic communications operators to maintain infrastructure on public and private land. In modern times, it applies to the infrastructure forming networks which support broadband, mobile internet and telephone, cable television and landlines. The current Code has been criticized by courts and the people who work with it as out of date, unclear and inconsistent with other legislation. This project focuses on private property rights between landowners and electronic communications providers, it does not consider planning. The aims of the reforms are: to provide a clearer definition of the market value that landowners can charge for the us

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.

Digital Economy Book

Digital Economy Book
Author: Allan Fels Ao
Publisher:
Total Pages: 0
Release: 2020-10-10
Genre: Law
ISBN: 9781950769612

This collection of essays represents the first in a series of two volumes that set out to reflect the state of the art of antitrust thinking in digital markets in jurisdictions around the world. The issues it tackles are many: the role of innovation, the conundrum of big data, the evolution of media markets, and the question of whether existing antitrust tools are sufficient to deal with the challenges of digital markets. Each author tackles the overarching themes from their unique national perspective. The resulting tapestry reflects the challenges and opportunities presented by the modern digital era, viewed through the lens of competition enforcement.

Competition Law for the Digital Era

Competition Law for the Digital Era
Author: Ioannis Lianos
Publisher:
Total Pages: 0
Release: 2019
Genre:
ISBN:

As the global economy incurs a process of transformation by the ongoing 'fourth industrial revolution', competition law is traversing a 'liminal' moment, a period of transition during which the normal limits to thought, self-understanding and behaviour are relaxed, opening the way to novelty and imagination, construction and destruction. There is need for the discussion over the role of competition law in the digital era to be integrated to the broader debate over the new processes of value generation and capture in the era of digital capitalism and the complex economy to which it has given rise to. This complex digital economy is formed by a spider web of economic links, but also their underpinning societal relations, between different agents. However, competition law still lives in the simple world of neo-classical price theory (NPT) economics, which may not provide adequate tools in order to fully comprehend the various dimensions of the competition game. The emphasis put recently by competition authorities on multi-sided markets in order to analyse restrictions of competition in the data economy illustrates the agents' changing roles and the complexity of their interactions, as the same agents can be at the same time consumers and producers while their personal data raw material for the value generation process.It becomes therefore essential to uncover the new value capture and value generation processes in operation in the digital economy, and draw lessons for the optimal design and enforcement of competition law, rather than take the established competition law framework as a given and try to stretch within it a quite complex reality that may not fit this Procrustean iron bed. These approaches should engage with the complex economics of digital capitalism, and in particular the role of futurity and financialisation, personalisation and cybernetics.These new developments, first, call for a re-conceptualisation of the goals of competition law in the digital era, as competition law moves from the calm and predictable waters of 'consumer welfare', narrowly defined, to integrate considerations of income/wealth distribution, privacy and complex equality.Second, it also requires a revision of the current understanding of the nature of the competitive game, which only focuses on horizontal rivalry in product and eventually technology markets. This is of course an important dimension of competition, but hardly the most significant one in the current process of value generation and capture in the digital economy. Firms do not only compete on the product market dimension, but in the today's financialised economy, probably the most important locus of competition is capital markets. The process of financialisation has important implications for the development of digital capitalism, an issue that the paper explores in detail for the first time in competition law and economics scholarship. Financial markets evaluate companies in view of expected returns in the not so near future, often linked to the emergence of bottlenecks or the perception that a firm holds important assets and resources (e.g. data, algorithms, specialised labour). The role of financial markets' evaluation in driving business strategies in the era of digital and financialised capitalism is linked to the 'subtle shift of mindset' in digital capitalism 'from profit (and isolating mechanisms) to wealth creation (and the potential for asset appreciation)' as value is created by investing in assets that will appreciate.Third, this calls for a consideration, not only of horizontal competition, but also of vertical competition, the competition for a higher percentage of the surplus value brought by innovation, and competition from complementary technologies that may challenge the lead position in the value chain of the incumbents (vertical innovation competition). Fairness considerations, among other reasons, may also lead competition authorities to not only focus on inter-platform/ecosystem competition but to also promote intra-platform/ecosystem competition, as this may be a significant element of the competitive game.To implement this broader focus of competition law, we need to develop adequate conceptual tools and methodologies. A recurrent problem is the narrow definition of market power in competition law, whose presence often triggers the competition law assessment, and which is also intrinsically linked to the step of market definition. This currently ignores possible restrictions of vertical competition, personalisation and the predictive role of digital platforms, which may become source of harm for consumers, the competitive process, or the public at large. It is important to engage with concepts of vertical power and the paper develops a typology of vertical power, combining in an overall conceptual framework the various concepts of non-structural power that have been used so far in competition law literature and some new ones (positional and architectural power). This conceptualisation offers an overall theoretical framework for vertical power that is necessary for sound competition law enforcement, and which has been lacking so far. The paper also explores specific metrics for vertical power, although this is still work in progress. Another important tool that competition authorities may employ in order to map the complex competitive interactions (horizontal and vertical) in the digital economy is the value chain approach. Although competition authorities have already used this tool in sector/industry inquiries, they have not in competition law adjudication. A value chain approach enables competition authorities to better assess the bargaining asymmetries across the various segments of the value chain that may result either from the lack of competition on the markets affected or from the central position of some actors in the specific network and their positioning in the value chain. This tool may complete the market definition tool.The effectiveness of competition law in the digital age may be curtailed by the cross-side network effects linked to positive feedback loops, increasing returns to scope and scale, the intense learning effects linked to AI, and the propensity of digital markets to tip. Hence, competition law on its own may not be sufficient to address the market failures in the digital economy. One therefore needs to take a toolkit approach that would combine different fields of law and regulation, competition law playing a primordial role in this new regulatory compass. This toolkit approach may rely on different combinations in each jurisdiction, on the basis of the institutional capabilities and the relative efficiency of the various regulatory alternatives, any choice being between imperfect, if perceived in isolation, institutional alternatives.

The Evolution of Antitrust in the Digital Era: Essays on Competition Policy Volume II

The Evolution of Antitrust in the Digital Era: Essays on Competition Policy Volume II
Author: David S. Evans
Publisher:
Total Pages: 272
Release: 2020-12-20
Genre: Law
ISBN: 9781950769681

This collection of essays represents the second in a series of two volumes that set out to reflect the state of the art of antitrust thinking in digital markets in jurisdictions around the world. The issues it tackles are many: the role of innovation, the conundrum of big data, the evolution of media markets, and the question of whether existing antitrust tools are sufficient to deal with the challenges of digital markets. Each author tackles the overarching themes from their unique national perspective. The resulting tapestry reflects the challenges and opportunities presented by the modern digital [email protected], viewed through the lens of competition enforcement.

The Evolution of Antitrust in the Digital Era

The Evolution of Antitrust in the Digital Era
Author: David S. Evans
Publisher:
Total Pages: 304
Release: 2020-10-15
Genre:
ISBN: 9781950769605

This collection of essays represents the first in a series of two volumes that set out to reflect the state of the art of antitrust thinking in digital markets in jurisdictions around the world.The issues it tackles are many: the role of innovation, the conundrum of big data, the evolution of media markets, and the question of whether existing antitrust tools are sufficient to deal with the challenges of digital markets. Each author tackles the overarching themes from their unique national perspective. The resulting tapestry reflects the challenges and opportunities presented by the modern digital era, viewed through the lens of competition enforcement.

Competition Policy for the Digital Era

Competition Policy for the Digital Era
Author:
Publisher:
Total Pages:
Release: 2019
Genre:
ISBN: 9789276019466

Commissioner Vestager has asked us to explore how competition policy should evolve to continue to promote pro-consumer innovation in the digital age. We structured our report as follows. First, we describe the digital world and what we see as the main ways in which markets function in the digital era (Chapter 2). We then outline our views of the goals of EU competition law in the digital era and the methodologies it should use (Chapter 3). Second, with this framework as background, we discuss the application of competition rules to platforms (Chapter 4) and data (Chapter 5), and we inquire whether European merger control needs an update (Chapter 6). We finally provide our conclusions. An important caveat at the outset: we make general suggestions, but of course digital services can be very diverse and the ways they compete require, as always under competition law, a case-by-case analysis.

Digital Platforms, Competition Law, and Regulation

Digital Platforms, Competition Law, and Regulation
Author: Kalpana Tyagi
Publisher: Hart Publishing
Total Pages: 0
Release: 2025-08-07
Genre: Law
ISBN: 1509969373

This open access book offers a comparative and inter-disciplinary perspective on the unique competition law challenges presented by the converged digital markets. Following the digitalisation of even the most traditional bricks-and-mortar sectors of the economy, a well-functioning internal market can only be guaranteed by ensuring the competitiveness of the digital markets. What role do intellectual property law and competition law play in this digital world? How can a more economic analysis strengthen innovation policies to achieve a truly competitive digital single market? The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe but in other jurisdictions too, may fall short. It addresses an array of procedural, substantive and other issues that are generating intense debate across the antitrust community. This includes the scope and objectives of digital regulation, whether the application of ex-ante rules would result in fragmentation and inconsistencies, and whether such regulatory regimes are an appropriate tool for substantive assessment. The book explores whether the application of these rules would effectively tackle the competition enforcement challenges seen under the competition laws, whether they can be applied without undermining other rights such as privacy, and whether they are appropriate for this digital age as well as the new digital era ahead of us. Part 1 offers a detailed inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act. Part 2 offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.