Description
Book SynopsisIn this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice.
Chapters offer a full evaluation and in-depth analysis of several key case studies in which information such as big data has been obtained, made use of, sold, or biased in an uncompetitive way. Such critical case studies include the European Commission's 2017 judgement against Google for granting illegal advantage to their own comparison shopping service, as well as the Bundeskartellamt's decision regarding Facebook's unfair trading terms under which it was gathering users' data without their voluntary consent. Reacting to these cases, the book offers guidance on how competition law can evolve to accommodate digital markets, such as classifying information as 'commons' or 'commodity', in order to realise social goals such as fairness.
Compelling and insightful, this book will prove an important companion for students and scholars studying digital markets, as well as competition law more widely. It will also appeal to practitioners working on cases involving the regulation and usage of big data.
Trade Review‘This is an excellent work. It is well researched, clearly referenced, well written and logically structured. Its arguments are thought provoking. I am certain that some will find some of the author’s positions controversial. This is a good thing; these positions should shake the reader out of any complacency they may have. I thoroughly enjoyed reading this work and would recommend it to others.’ -- Bruce Wardhaugh, European Competition Law Review
‘... it is a book that may be referred to as it provides a very useful and valuable compendium of references to the relevant cases and materials on Big Data, and articles and commentaries which have been the subject of considerable discussion for over 10 years.’ -- Tim Cowen, Competition Law Journal
Table of ContentsContents: 1. Introduction PART I THEORY ON ABUSE OF DOMINANCE IN DIGITAL MARKETS 2. Introduction to Part I: Theory on Abuse of Dominance in Digital Markets 3. Information in digital markets 4. Characteristics of digital markets and their implications on the assessment of market power 5. Dominance of online platforms 6. Law on abuse of dominance in digital markets PART II REFUSAL TO GIVE ACCESS TO INFORMATION: CASE STUDY OF GOOGLE SEARCH BEHAVIOURS 7. Introduction to Part II: Refusal to Give Access to Information: Case Study of Google Search Behaviours 8. Background on the antitrust investigations into Google 9. Is Google dominant? 10. Contractual restrictions on the portability and management of online search advertising campaigns across Google's AdWords and competing platforms 11. Search bias as an abuse of dominance 12. On the choice of legal procedures and actions for the European Commission in Google Search (Shopping) decision Part III POLICY RECOMMENDATIONS ON ABUSE OF DOMINANCE BY INFORMATION INTERMEDIARIES 13. Introduction to Part III: Policy Recommendations on Abuse of Dominance by Information Intermediaries 14. Intersection between digital markets and competition law. problems and practical solutions 15. Conclusions Index
