Description
Book SynopsisThe 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.
Competition Law for the Digital Economy critically evaluates how the digital economy differs from the old economy and the ways in which competition law interacts with other legal regimes of data protection and sector specific regulations. This book also considers the broader issues, addressing the possible remedies to be imposed in the case of restrictions on digital markets. This timely book asserts that whilst the digital economy is currently in its infancy, competition law should play a crucial role in shaping the competitive digital ecosystem.
Providing the general perspectives on competition policy and the application of traditional and new regulatory tools for the digital economy, this analytical book will be a key resource for competition law students and academics, while also appealing to practitioners.
Contributors include: K. Bania, E. Deutscher, S.Y. Esayas, R.C. Feldman, M.S. Gal, B. Lundqvist, S. Makris, H.K. Schmidt, N. Thieme, Y. Uemura, S. Van Uytsel, J. Vesala, S. Vezzoso, K. Voss
Trade Review'This exceptional compilation addresses the major topics occupying the minds of competition law experts around the world today. Questions regarding the adequacy of competition law to respond to the challenges of digital markets are subjected to rigorous and original analysis by leading scholars in an important and fresh contribution to the literature. Big data, privacy, artificial intelligence, platforms and enforcement approaches are all placed under the microscope. A must-read to get across the critical issues facing competition in a digital economy.' --Caron Beaton-Wells, University of Melbourne, Australia
'This very important and exciting volume addresses virtually all of the phases of competition law and policy in the digital economy. The volume brings together the research and thinking of scholars, both emerging and established, from around the world. The chapters give penetrating analyses of the major cutting-edge issues that the world is hungry to understand, including access to data, do the digital behemoths have market power, is data privacy a competition dimension, how to analyze big data acquisitions of start-ups, and what remedies fit the new digital market problems?'
--Eleanor Fox, New York University, US
Table of ContentsContents: Preface PART I GENERAL PERSPECTIVES ON COMPETITION POLICY AND THE APPLICATION OF TRADITIONAL TOOLS FOR THE DIGITAL ECONOMY 1 Regulating competition in the digital economy 2 Björn Lundqvist 2 Taming the shrew: is there a need for a new market power definition for the digital economy? 29 Hedvig K. Schmidt 3 Competition at the dawn of artificial intelligence 71 Robin C. Feldman and Nick Thieme 4 Competition by design 93 Simonetta Vezzoso PART II CONDUCT THAT VIOLATES ANTITRUST AND THE INTERFACE BETWEEN DATA PROTECTION RULES, OTHER SECTOR-SPECIFIC RULES, AND COMPETITION LAW 5 Privacy-as-a-quality parameter of competition 126 Samson Y. Esayas 6 How to measure privacy-related consumer harm in merger analysis? 173 Elias Deutscher 7 Regulation complementing EU competition law in the digital economy 212 Juha Vesala 8 Online platforms and the Japan Fair Trade Commission: the DeNA case as an example of early market intervention 231 Steven Van Uytsel and Yoshiteru Uemura 9 The European Commission’s decision in Google Search 264 Konstantina Bania PART III REMEDIES TO BE IMPOSED IN CASE OF RESTRICTION ON DIGITAL MARKETS 10 Consent-based case resolution 303 Katharina Voss 11 Antitrust governance in an era of rapid change 325 Stavros Makris Index 365
