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Competition and Regulation in the Data Economy

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Competition and Regulation in the Data Economy

Does Artificial Intelligence Demand a New Balance?

9781788116640 Edward Elgar Publishing
Gintarė Surblytė-Namavičienė, Lecturer, Faculty of Law, Vilnius University, Lithuania
Publication Date: October 2020 ISBN: 978 1 78811 664 0 Extent: c 296 pp
This incisive book provides a much-needed examination of the legal issues arising from the data economy, particularly in the light of the expanding role of algorithms and artificial intelligence in business and industry. In doing so, it discusses the pressing question of how to strike a balance in the law between the interests of a variety of stakeholders, such as AI industry, businesses and consumers.

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Contents
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This incisive book provides a much-needed examination of the legal issues arising from the data economy, particularly in the light of the expanding role of algorithms and artificial intelligence in business and industry. In doing so, it discusses the pressing question of how to strike a balance in the law between the interests of a variety of stakeholders, such as AI industry, businesses and consumers.

Investigating issues at the intersection of trade secrets and personal data as well as the potential legal conflicts to which this can give rise, Gintarė Surblytė-Namavičienė examines what kinds of changes to the legal framework the growing data economy may require. Through an analysis of the way in which EU competition law may tackle algorithm-related problems the book also identifies a regulatory gap in the case of algorithmic manipulation in the business-to-consumer relationship. The book further argues that control by public bodies over terms and conditions often used in the data economy may be necessary for the sake of consumer protection.

Scholars in competition law and regulatory governance, particularly those with an interest in the impacts of technology, will find this to be critical reading. It will also be beneficial to practitioners and policy makers working at the intersections of regulation and technology.
Critical Acclaim
‘This book brings together a lot of thinking—old and new—to examine legal protections for the fruits of artificial intelligence (AI), demonstrating that not enough thought has been given to how our existing information laws interact and whether increased legal rights in information and data will adversely affect information flows, competition, and privacy. By discussing the details of trade secret and privacy law and how these areas of law overlap, the book provides valuable insights into the means by which balance can be achieved and why trade secret protection is limited.’
– Sharon K. Sandeen, Mitchell Hamline School of Law, US

‘This monograph presents a fundamental analysis of the four main fields of the data economy – trade secret law, data protection, competition law and consumer protection – and of the links and frictions between them. The author convincingly resists modernist overstating of artificial intelligence that underlies the data economy. Instead, she develops a classic legal framework for fine-tuning the innovation/dissemination incentives for and conflicting interests of innovators, producers, users and consumers of data and data services. The result is a book of highly rewarding reading.’
– Hanns Ullrich, Max Planck Institute for Innovation and Competition, Munich, Germany
Contents
Contents: 1. Introduction 2. Digital Economy: between human brains and artificial intelligence 3. Trade secret protection for data 4. Data- and algorithm-driven economy: issues for competition? 5. Regulation beyond competition? 6. Conclusions

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78811 665 7
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