Regulating Big Tech From Competition Policy To Sector Regulation
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| Author | : Oliver Budzinski |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022 |
| Genre | : |
| ISBN | : |
The European Commission has proposed a new regulatory tool for the governance of digital markets. The Digital Markets Act (DMA) intents to limit the market behavior of socalled gatekeeper companies to ensure contestable and fair digital markets. We review the provisions of the DMA both from a legal and from an economic perspective. Notwithstanding a number of benefits, we identify several issues with the current proposal. When looking at the core provisions of the proposal from an economic perspective, several issues of contention arise: many of the provisions seem to be quite narrow in scope and it seems difficult to extrapolate more general rules from them; the economic harm of some of the provisions is both uncertain and in principle debatable; the alleged distinction between different types of obligations cannot be verified; and, in addition, Art. 5-7 DMA seem to contain three distinct regulatory instruments; last but not least, while the DMA seeks to control existing gatekeepers, the “tipping” of markets and the rise of further gatekeepers is not guaranteed by the proposed regulation, this in turn leads to a larger critical analysis of the gatekeeper as the DMA's norm addressee. While the goals and nature of the DMA have gained in clarity throughout the legislative process, its scope remains somewhat obtuse. On the one hand it seems set on regulating gatekeepers as they exist today, on the other, also wants to bring about systemic change in the digital single market. How it expects to achieve the latter is not entirely clear. In this light and by critically looking at the nature of ex ante and ex post measures in broader competition policy, we conclude that a reform of the competition policy regime would better suit the overalls aims of reining in big tech in future.
| Author | : Martin Moore |
| Publisher | : Oxford University Press |
| Total Pages | : 385 |
| Release | : 2021-10 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 0197616097 |
"The market size and strength of the major digital platform companies has invited international concern about how such firms should best be regulated to serve the interests of wider society, with a particular emphasis on the need for new anti-trust legislation. Using a normative innovation systems approach, this paper investigates how current anti-trust models may insufficiently address the value-extracting features of existing data-intensive and platform-oriented industry behaviour and business models. To do so, we employ the concept of economic rents to investigate how digital platforms create and extract value. Two forms of rent are elaborated: 'network monopoly rents' and 'algorithmic rents.' By identifying such rents more precisely, policymakers and researchers can better direct regulatory investigations, as well as broader industrial and innovation policy approaches, to shape the features of platform-driven digital markets"--
| Author | : Antonio Manganelli |
| Publisher | : Springer Nature |
| Total Pages | : 214 |
| Release | : 2022-03-09 |
| Genre | : Law |
| ISBN | : 303089388X |
This book illustrates the challenges that regulators and policy makers have faced in the transition from the ‘old’ network industries to the new digital ecosystem. It succinctly describes the evolution of digital economy, its main actors, notably global digital platforms, as well as its interactions, interdependences, and trade-offs. Eventually, it proposes insights about why public rules are needed, what kind of rules could be more effective, fair, and efficient, and who should pose and enforce them. The book is opened by an introduction, dealing with Digital Transformation, Big Techs, and Public Policies, which provides a general conceptual and thematic framework to the following analysis but could be also read as a stand-alone paper. The following chapters are grouped in two parts: I. The Evolution of Digital Markets and Digital Rights, and II. Regulating Big Tech’s Impact on Market and Society. The secondary title - the European approach – has a twofold meaning. It highlights the fact that this work has a clear focus on EU law and policy - although the economic and institutional issues addressed are global phenomena, common to all world’s economies. In addition, it also underlines that European digital policy is not yet complete and effective. This book intends to provide a small contribution to the ongoing policy making process, as well as to the wider academic and policy debate.
| Author | : Angela Zhang |
| Publisher | : Oxford University Press |
| Total Pages | : 272 |
| Release | : 2021-02-08 |
| Genre | : Law |
| ISBN | : 0192561197 |
China's rise as an economic superpower has caused growing anxieties in the West. Europe is now applying stricter scrutiny over takeovers by Chinese state-owned giants, while the United States is imposing aggressive sanctions on leading Chinese technology firms such as Huawei, TikTok, and WeChat. Given the escalating geopolitical tensions between China and the West, are there any hopeful prospects for economic globalization? In her compelling new book Chinese Antitrust Exceptionalism, Angela Zhang examines the most important and least understood tactic that China can deploy to counter western sanctions: antitrust law. Zhang reveals how China has transformed antitrust law into a powerful economic weapon, supplying theory and case studies to explain its strategic application over the course of the Sino-US tech war. Zhang also exposes the vast administrative discretion possessed by the Chinese government, showing how agencies can leverage the media to push forward aggressive enforcement. She further dives into the bureaucratic politics that spurred China's antitrust regulation, providing an incisive analysis of how divergent missions, cultures, and structures of agencies have shaped regulatory outcomes. More than a legal analysis, Zhang offers a political and economic study of our contemporary moment. She demonstrates that Chinese exceptionalism-as manifested in the way China regulates and is regulated, is reshaping global regulation and that future cooperation relies on the West comprehending Chinese idiosyncrasies and China achieving greater transparency through integration with its Western rivals.
| Author | : Marc Wiggers |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 364 |
| Release | : 2023-07-14 |
| Genre | : Law |
| ISBN | : 940351177X |
‘Digital competition’, a term and concept that has risen to the forefront of competition law, may be viewed as both promising and cautionary: on the one hand, it brings the promises of increased speed, efficiency and objectivity, and, on the other, it entails potential pitfalls such as hard-to-identify pathways to unfair pricing, dominant positions and their potential abuse, restriction of choice and abuse of personal data. Accordingly, jurisdictions around the world are taking measures to deal with the phenomenon. In this concise but thoroughly researched book – both informative and practical – lawyers from two prominent firms with specialised digital competition teams take stock and examine the state of digital competition in the enforcement practices of six competition authorities in Europe, most of these forerunners in the field of digital competition policy and enforcement. The competition authorities surveyed are those of the European Union, the United Kingdom, France, Germany, the Netherlands and Belgium. For each, an overview, spanning the period from 2012 to mid-2022 but including as many landmark cases as possible up to and including December 2022, includes not only landmark cases in which digital technologies have had a significant impact on the competition law outcome but also guidance documents such as speeches, policy statements, industry surveys and research reports. Activities and enforcement practices of the various authorities include the following and more: degree of activity; focus of the activity; enforcement styles; enforcement instruments; visible effectiveness of enforcement; and important insights and outlooks. Each overview contains separate chapters on cartel prohibition, the prohibition of abuse of a dominant position and merger control. Additional chapters – partially written by guest authors (who are all without a doubt true thought leaders: Tristan Byrne, Giuseppe Colangelo, Ai Deng, Teodora Groza, Daniel Mândrescu, Wolf Sauter, Thibault Schrépel, and Gareth Shier) – evaluate the similarities and differences in the enforcement practices and the positive and negative effects of digital competition in the jurisdictions investigated, the economic context, the most important game changers, and a concluding chapter offers recommendations. An indispensable guide to quickly and accessibly acquiring in-depth knowledge of competition law in the digital sector, this matchless volume is a must-read for any practitioner or academic who encounters competition law related to digital markets. The dilemmas and challenges of the new competition law reality – which is here already, like it or not – are clearly explained here for the benefit of regulators, academics, policymakers, judges, in-house counsel and lawyers specialising in competition law and intellectual property law.
| Author | : Jan Krämer |
| Publisher | : Centre on Regulation in Europe (CERRE) |
| Total Pages | : 104 |
| Release | : 2020-11-18 |
| Genre | : Law |
| ISBN | : |
Across the world, regulators and policy makers are grappling with how to establish a competitive, safe and fair online environment that also safeguards users’ fundamental rights as citizens. Ahead of the European Commission’s Digital Markets Act (DMA), this book “Digital markets and online platforms: new perspectives on regulation and competition law“, presents CERRE’s latest contribution to the debate with concrete policy recommendations. Together, the policy recommendations in this book present a roadmap that should be pursued for EU policy makers to safeguard competition and innovation in digital platform markets. They can be organised into three key areas for action: (i) More effective enforcement, (ii) increased transparency and switching easiness, and (iii) providing access to key innovation capabilities. “The need to safeguard fair and vibrant competition, which is also seen as an important driving factor for innovation, is nothing new for policy makers. However, the characteristics and complexities of digital markets have challenged some of the traditional approaches.” – Jan Krämer, editor of the book and CERRE Academic Co-Director The book’s recommendations highlight that platform transparency and associated data collection by authorities, as well as data sharing by platforms (initiated through consumers or authorities), are the two most important overarching policy measures for platform markets in the near future. They facilitate enforcement, consumer choice, and innovation capabilities in the digital economy. The contents of this book were presented and debated during a CERRE live debate with guest speakers Anne Yvrande-Billon (Arcep’s Director of Economic, Market and Digital Affairs), MEP Stéphanie Yon-Courtin (Vice-President of the European Parliament’s Committee on Economic and Monetary Affairs) and Javier Espinoza (Financial Times’ EU Correspondent covering competition and digital policy).
| 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.
| 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 | : Robert Bork |
| Publisher | : |
| Total Pages | : 536 |
| Release | : 2021-02-22 |
| Genre | : |
| ISBN | : 9781736089712 |
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
| Author | : Terry Flew |
| Publisher | : Springer Nature |
| Total Pages | : 327 |
| Release | : 2022 |
| Genre | : Internet governance |
| ISBN | : 3030952207 |
This Open Access volume provides an in-depth exploration of global policy and governance issues related to digital platform regulation. With an international ensemble of contributors, the volume has at its heard the question: what would actually be involved in digital platform regulation?. Once a specialised and niche field within internet and digital media studies, internet governance has in recent years moved to the forefront of policy debate. In the wake of scandals such as Cambridge Analytica and the global techlash against digital monopolies, platform studies are undergoing a critical turn, but there is a greater need to connect such analysis to questions of public policy. This volume does just that, through a rich array of chapters concretely exploring the operation and influence of digital platforms and their related policy concerns. A wide variety of digital communication platforms are explored, including social media, content portals, search engines and app stores. An important and timely work, Digital Platform Regulation provides valuable insights into new global platform-orientated policy reforms, supplying an important resource to researchers everywhere seeking to engage with policymakers in the debate about the power of digital platforms and how to address it. Terry Flew is Professor of Digital Communications and Culture at The University of Sydney. He is the author of 14 books, including Regulating Platforms (2021) and Understanding Global Media (2018). Fiona R. Martin is Associate Professor in Online and Convergent Media at the University of Sydney, Australia. She is the author of Mediating the Conversation (2022), co-author of Sharing News Online (2019) and co-author and editor of The Value of Public Service Media (2014).
