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EU Competition Law, Data Protection and Online Platforms. Data as Essential Facility' provides a highly topical study of how EU competition law interacts with data on online platforms. All agree that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless,...
Persistent link: https://www.econbiz.de/10011568226
Under the essential facilities doctrine, intellectual property right holders are forced to license their exclusive right to competitors when certain conditions established by the European Court of Justice are met. In the Microsoft case, the Court of First Instance applied the doctrine, but it...
Persistent link: https://www.econbiz.de/10014178389
The boundaries between the fields of competition, consumer and data protection law have become blurred in the digital economy. This is particularly the case for the rules governing practices of market players relating to the collection and use of personal data of individuals. In addition to...
Persistent link: https://www.econbiz.de/10014123921
The paper illustrates how the EU and U.S. antitrust systems are coming closer to each other in their extent of federalism or decentralization. It explores how plural antitrust enforcement models can be made future-proof, also considering the involvement of courts and legislators as evaluators in...
Persistent link: https://www.econbiz.de/10014080242
Data portability has a hybrid nature. What emerged as a data protection concept is now also becoming part of policies aiming to stimulate competition and innovation. To reap the full benefits of data portability, this article argues that there is a need for regulators to steer its implementation...
Persistent link: https://www.econbiz.de/10013250718
With the emergence of data as an asset for market players operating in the digital economy, questions have risen about the relevance of data for competition enforcement. This article focuses on the role of data in the competitive process between online platforms including search engines, social...
Persistent link: https://www.econbiz.de/10013003683
This paper studies three specific issues around the application of competition policy to big data. The first issue relates to market power assessment and analyses the power given by data control in the big data value chain. The second and third issues relate to abuse of dominance assessment and...
Persistent link: https://www.econbiz.de/10012962740
Persistent link: https://www.econbiz.de/10012885381
Although the essential facilities doctrine has not been applied recently anymore in EU competition enforcement, it is regularly referred to in EU policy discussions as a tool to open up markets in which ‘tech giants' act as gatekeepers to consumers. Considering that the digital economy is not...
Persistent link: https://www.econbiz.de/10012888696
A consensus is emerging that a flourishing European data economy requires effective portability of and access to data for individuals as well as businesses. Beyond the right to data portability introduced in the General Data Protection Regulation, a number of data access regimes are being...
Persistent link: https://www.econbiz.de/10012888908