Concealed Data Practices And Competition Law

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Coherence between Data Protection and Competition Law in Digital Markets

Author : Klaudia Majcher
Publisher : Oxford University Press
ISBN 13 : 019888575X
Total Pages : 337 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Coherence between Data Protection and Competition Law in Digital Markets by : Klaudia Majcher

Download or read book Coherence between Data Protection and Competition Law in Digital Markets written by Klaudia Majcher and published by Oxford University Press. This book was released on 2023-10-09 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: In digital markets, data protection and competition law affect each other in diverse and intricate ways. Their entanglement has triggered a global debate on how these two areas of law should interact to effectively address new harms and ensure that the digital economy flourishes. Coherence between Data Protection and Competition Law in Digital Markets offers a blueprint for bridging the disconnect between data protection and competition law and ensuring a coherent approach towards their enforcement in digital markets. Specifically, this book focuses on the evolution of data protection and competition law, their underlying rationale, their key features and common objectives, and provides a series of examples to demonstrate how the same empirical phenomena in digital markets pose a common challenge to protecting personal data and promoting market competitiveness. A panoply of theoretical and empirical commonalities between these two fields of law, as this volume shows, are barely mirrored in the legal, enforcement, policy, and institutional approaches in the EU and beyond, where the silo approach continues to prevail. The ideas that Majcher puts forward for a more synergetic integration of data protection and competition law are anchored in the concept of 'sectional coherence'. This new coherence-centred paradigm reimagines the interpretation and enforcement of data protection and competition law as mutually cognizant and reciprocal, allowing readers to explore, in an innovative way, the interface between these legal fields and identify positive interactions, instead of merely addressing inconsistencies and tensions. This book reflects on the conceptual, practical, institutional, and constitutional implications of the transition towards coherence and the relevance of its findings for other jurisdictions.

Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing

Author : Bruce Kilpatrick
Publisher : Springer Nature
ISBN 13 : 303107422X
Total Pages : 463 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing by : Bruce Kilpatrick

Download or read book Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing written by Bruce Kilpatrick and published by Springer Nature. This book was released on 2022-12-07 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

The Interface between Competition Law and Data Privacy Law

Author : Arletta Gorecka
Publisher : Springer Nature
ISBN 13 : 3031738659
Total Pages : 239 pages
Book Rating : 4.0/5 (317 download)

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Book Synopsis The Interface between Competition Law and Data Privacy Law by : Arletta Gorecka

Download or read book The Interface between Competition Law and Data Privacy Law written by Arletta Gorecka and published by Springer Nature. This book was released on with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Restrictions of EU Competition Law in the Digital Age

Author : Bernadette Zelger
Publisher : Springer Nature
ISBN 13 : 3031313399
Total Pages : 238 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis Restrictions of EU Competition Law in the Digital Age by : Bernadette Zelger

Download or read book Restrictions of EU Competition Law in the Digital Age written by Bernadette Zelger and published by Springer Nature. This book was released on 2023-06-28 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.

Regulating Fair Competition Toward Sustainable Development Goals

Author : Shukor, Siti Fazilah Abdul
Publisher : IGI Global
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.3/5 (693 download)

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Book Synopsis Regulating Fair Competition Toward Sustainable Development Goals by : Shukor, Siti Fazilah Abdul

Download or read book Regulating Fair Competition Toward Sustainable Development Goals written by Shukor, Siti Fazilah Abdul and published by IGI Global. This book was released on 2023-12-29 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The necessity for the fundamental practice of regulating fair competition in a globalized world cannot be overstated. This promotes innovation, productivity, and serves as a safeguard against monopolies that could stifle progress. Regulating Fair Competition Toward Sustainable Development Goals is an insightful and comprehensive exploration of the vital link between competition law and policy and the United Nations' Sustainable Development Goals (SDGs). At its core, this book delves into the crucial role of fair competition in fostering innovation and driving economic growth. By encouraging corporations to continuously seek novel ideas and invest in research and development, fair competition paves the way for improved productivity and cost-effective production. Moreover, this legal framework stands as a bulwark against monopolies, which can suppress innovation, limit consumer choice, and escalate prices. The editors deftly elucidate the importance of competition law and policy in creating an open and fair marketplace that benefits consumers, businesses, and the environment. Bringing together a distinguished collection of academics and industry experts, this book delves into a broad spectrum of topics, including economy, environment, energy, technology, employment, business, and management. By examining various perspectives, the book offers a nuanced understanding of the implementations and limitations of competition law and policy in the context of sustainable development. This timely and significant volume caters to a diverse audience comprising academics, students, policy makers, and government and private research institutions. Furthermore, industry leaders and corporations will find valuable insights on how fair competition can foster sustainable development, making this book a must-read for those seeking to navigate the intersection of competition law and the SDGs.

Misuse of Market Power

Author : Katharine Kemp
Publisher : Cambridge University Press
ISBN 13 : 1107184762
Total Pages : 273 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Misuse of Market Power by : Katharine Kemp

Download or read book Misuse of Market Power written by Katharine Kemp and published by Cambridge University Press. This book was released on 2018-06-28 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares Australia's new misuse of market power law with US and EU tests for monopolization and abuse of dominance.

Competition Law and Economic Inequality

Author : Jan Broulík
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959254
Total Pages : 379 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Competition Law and Economic Inequality by : Jan Broulík

Download or read book Competition Law and Economic Inequality written by Jan Broulík and published by Bloomsbury Publishing. This book was released on 2022-12-15 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gap between the rich and poor is widening across the globe. This book explores whether this major societal challenge of our time can be addressed by the means of competition law. The primary goal of today's competition law is to ensure that market power does not lead to an inefficient production of goods and services. Nevertheless, even such efficiency-oriented curbing of market power may arguably contribute to the reduction of differences in how much people own and earn. Furthermore, many competition law regimes do take into account distributive considerations too. The chapters investigate the relationship between competition law and economic (in)equality from philosophical, historical, and economic perspectives. Their inquiries concern the conceptual foundations of competition law and doctrinal frameworks of individual jurisdictions, as well as specific problems and markets. As such, the book provides a novel and comprehensive overview of whether and how competition law can contribute to more equality in both developed and developing countries. The book is a must-read for researchers, public officials, judges, and practitioners within the competition law community. It will also appeal to anyone more broadly interested in issues of inequality and economic policy.

Competition, Data and Privacy in the Digital Economy

Author : Maria Wasastjerna
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403522240
Total Pages : 431 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Competition, Data and Privacy in the Digital Economy by : Maria Wasastjerna

Download or read book Competition, Data and Privacy in the Digital Economy written by Maria Wasastjerna and published by Kluwer Law International B.V.. This book was released on 2020-07-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, we conduct our lives online, and in doing so, we grant access to our personal information. The crucial feedstock of the world economy thus generated - the commercialization and exploitation of personal data and the intrusion of digital privacy it entails - has built an imposing edifice of market power. As we enter the third decade of the 21st century, this detailed exploration of the interlinkage between competition and data privacy takes a critical look at competition policy to evaluate whether the system in its current form and with the existing approach is capable of tackling the challenges raised by the role of personal data in the shift from an offline to an online economy. Challenging the commonplace assumption that privacy has little or no role and relevance in competition law, the author’s penetrating analysis accomplishes the following and more: provides an in-depth understanding of the intersection of competition and privacy in the data-driven economy; surveys legal policy developments on the role of privacy in competition law; underlines the importance of non-price parameters in competition, such as consumer choice; clearly explains why and how competition law can protect privacy among its policy objectives; and addresses challenges in measuring the intangible harm of digital privacy violation in assessing abuse of market power. Recent case law in Europe and elsewhere, a revealing comparison between relevant European Union (EU) and United States (US) practice, the expanded role of the EU’s Competition Commissioner, and the likely impact of such phenomena as the coronavirus pandemic are all drawn into the book’s remit. In her analysis of the growing privacy dimension in competition policy, the author examines the topic from a broad perspective that includes societal, political, economic, historical and cultural elements. Her insightful multidimensional and value-based review will prove of immeasurable value to practitioners, academics, policymakers and enforcers in its identification of implications for business practice as we go forward.

The Digital Economy and Competition Law in Asia

Author : Steven Van Uytsel
Publisher : Springer Nature
ISBN 13 : 9811603243
Total Pages : 224 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis The Digital Economy and Competition Law in Asia by : Steven Van Uytsel

Download or read book The Digital Economy and Competition Law in Asia written by Steven Van Uytsel and published by Springer Nature. This book was released on 2021-05-06 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The digital economy, broadly defined as the economy operating on the basis of interconnectivity between people and businesses, has gradually spread over the world. Although a global phenomenon, the digital economy plays out in local economic, political, and regulatory contexts. The problems thus created by the digital economy may be approached differently depending on the context. This edited collection brings together leading scholars based in Asia to detail how their respective jurisdictions respond to the competition law problems evolving out of the deployment of the digital economy. This book is timely, because it will show to what extent new competition law regimes or those with a history of lax enforcement can respond to these new developments in the economy. Academics in law and business strategies with an interest in competition law, both in Asia and more broadly, will find the insights in this edited collection invaluable. Further, this volume will be a key resource for scholars, practitioners and students.

Digitalization and Competition Policy in Japan

Author : Shuya Hayashi
Publisher : Springer Nature
ISBN 13 : 9819953103
Total Pages : 173 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis Digitalization and Competition Policy in Japan by : Shuya Hayashi

Download or read book Digitalization and Competition Policy in Japan written by Shuya Hayashi and published by Springer Nature. This book was released on 2024-01-03 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book organizes the intent and purpose of the Japanese competition law (Antimonopoly Act) to address the digitalized socio-economy and provides a detailed explanation of its basic content as well as advanced issues. It includes an overview of Japanese law and its international position, a basic understanding of the big data and AI issues in today's competition law, and perspectives on high-tech regulation. In addition, it includes a variety of important topics, ranging from exploring principles to tackle digital regulatory realities, to understanding and analyzing the competitive realities of multisided markets. It also examines the relationship between information and competition law and that between consumer and competition law. Digitalization is a key concept in our economy and society today. Carbon neutrality initiatives, the need to improve productivity, globalization, and new ways of working are all seeking breakthroughs by way of digitalization. What’s more, digitalization requires free and fair competition in order to encourage technological innovation. The search for transparent and clear competition laws is essential to promote efficient and effective research and development and to promote public awareness through competition.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Cambridge Handbook of Private Law and Artificial Intelligence

Author : Ernest Lim
Publisher : Cambridge University Press
ISBN 13 : 1108988253
Total Pages : 986 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Cambridge Handbook of Private Law and Artificial Intelligence by : Ernest Lim

Download or read book The Cambridge Handbook of Private Law and Artificial Intelligence written by Ernest Lim and published by Cambridge University Press. This book was released on 2024-03-28 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt: AI appears to disrupt key private law doctrines, and threatens to undermine some of the principal rights protected by private law. The social changes prompted by AI may also generate significant new challenges for private law. It is thus likely that AI will lead to new developments in private law. This Cambridge Handbook is the first dedicated treatment of the interface between AI and private law, and the challenges that AI poses for private law. This Handbook brings together a global team of private law experts and computer scientists to deal with this problem, and to examine the interface between private law and AI, which includes issues such as whether existing private law can address the challenges of AI and whether and how private law needs to be reformed to reduce the risks of AI while retaining its benefits.

Privacy Technologies and Policy

Author : Kai Rannenberg
Publisher : Springer Nature
ISBN 13 : 303161089X
Total Pages : 187 pages
Book Rating : 4.0/5 (316 download)

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Book Synopsis Privacy Technologies and Policy by : Kai Rannenberg

Download or read book Privacy Technologies and Policy written by Kai Rannenberg and published by Springer Nature. This book was released on with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulating Data Monopolies

Author : Jingyuan Ma
Publisher : Springer Nature
ISBN 13 : 9811687668
Total Pages : 252 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Regulating Data Monopolies by : Jingyuan Ma

Download or read book Regulating Data Monopolies written by Jingyuan Ma and published by Springer Nature. This book was released on 2022-01-24 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the business model of enterprises in the digital economy by taking an economic and comparative perspective. The aim of this book is to conduct an in-depth analysis of the anti-competitive behavior of companies who monopolize data, and put forward the necessity of regulating data monopoly by exploring the causes and characteristics of their anti-competitive behavior. It studies four aspects of the differences between data monopoly and traditional monopolistic behavior, namely defining the relevant market for data monopolies, the entry barrier, the problem of determining the dominant position of data monopoly, and the influence on consumer welfare. It points out the limitations of traditional regulatory tools and discusses how new regulatory methods could be developed within the competition legal framework to restrict data monopolies. It proposes how economic analytical tools used in traditional anti-monopoly law are facing challenges and how competition enforcement agencies could adjust regulatory methods to deal with new anti-competitive behavior by data monopolies.

Business and Commerce Code

Author : Texas
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (68 download)

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Book Synopsis Business and Commerce Code by : Texas

Download or read book Business and Commerce Code written by Texas and published by . This book was released on 1968 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Design(s) for Law

Author : Rossana Ducato
Publisher : Ledizioni
ISBN 13 :
Total Pages : 294 pages
Book Rating : 4.2/5 (56 download)

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Book Synopsis Design(s) for Law by : Rossana Ducato

Download or read book Design(s) for Law written by Rossana Ducato and published by Ledizioni. This book was released on 2024-06-25 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal design has been with us for over a decade. Its core idea, i.e. to use design methods to make the world of law accessible to all, has been widely embraced by academics, researchers, and professionals. Over time, the field has grown, expanding its initial problem-solving approach to other dimensions of design, such as speculative design, design fiction, proactive law, and disciplines like cognitive science and philosophy. The book presents a state-of-the-art reflection on legal design evolution and applications. It features twelve insightful contributions discussed during the 2023 'Legal Design Roundtable' on 'Design(s) for Law', organised within the Erasmus+ Jean Monnet clinic on 'EU Digital Rights, Law, and Design'. These perspectives from academics and professionals add important nuances to the literature, either presenting new approaches, applying consolidated practices to new contexts and areas, or showcasing actual and potential applications. Ideal for academics, legal professionals, and students, this book is a must-read for anyone interested in new critical approaches to the law and in the creative construction of fairer and more human-friendly legal systems.

Abuse of Dominance in EU Competition Law

Author : Pier Luigi Parcu
Publisher : Edward Elgar Publishing
ISBN 13 : 1785367625
Total Pages : 209 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Abuse of Dominance in EU Competition Law by : Pier Luigi Parcu

Download or read book Abuse of Dominance in EU Competition Law written by Pier Luigi Parcu and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Granting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become ‘abusive’ under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by ‘dominant’ firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level.