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Competition Law and Big Data: Imposing Access to Information in Digital Markets


ISBN13: 9781788974257
Published: February 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £109.00



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In this timely book, Beata Maihaniemi 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.

Subjects:
Competition Law, Data Protection
Contents:
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