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Competition Law for the Digital Economy

Edited by Björn Lundqvist, Stockholm University, Sweden and Michal S. Gal, University of Haifa Faculty of Law, Israel
The 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.
Extent: c 368 pp
Hardback Price: $160.00 Web: $144.00
Publication Date: December 2019
ISBN: 978 1 78897 182 9
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  • Law - Academic
  • Competition and Antitrust Law
  • Information and Media Law
The 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.
'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
Contributors include: K. Bania, E. Deutscher, S.Y. Esayas, R.C. Feldman, B. Lundqvist, S. Makris, H.K. Schmidt, N. Thieme, Y. Uemura, S. Van Uytsel, J. Vesala, S. Vezzoso, K. Voss










Contents:

Part I ‘General Perspectives on Competition Policy and the Application of Traditional Tools for the Digital Economy’

1. Regulating Competition in the Digital Economy - With a Special Focus on Access to Data and Leveraging of Power
Björn Lundqvist

2. Taming the Shrew: Is there a need for a new Market Power Definition for the Digital Economy?
Hedvig K Schmidt

3. Competition at the Dawn of Artificial Intelligence
Robin C. Feldman and Nick Thieme

4. Competition by Design
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: Some Reflections on the Scepticism Surrounding It
Samson Y. Esayas

6. How to Measure Privacy-Related Consumer Harm in Merger Analysis? A Critical Reassessment of the EU Commission’s Merger Control in Data-Driven Markets
Elias Deutscher

7. Regulation Complementing EU Competition Law in the Digital Economy: Impact of the Digital Single Market Rules on Online Distribution Practices
Juha Vesala

8. Online Platforms and the Japan Fair Trade Commission: The DeNA Case as an Example of Early Market Intervention
Steven Van Uytsel and Yoshiteru Uemura

9. The European Commission's decision in Google Search: Exploring old and new frontiers of competition enforcement in the digital economy
Konstantina Bania

Part III, ‘Remedies to be imposed in case of restriction on digital markets’
10. Consent-Based Case Resolution: A Blessing or a Curse in Competition Law Cases in the Digital Economy?
Katharina Voss

11. Antitrust Governance in an Era of Rapid Change: Commitments-centred intervention in Digital Markets and The Rule of Law
Stavros Makris

Index