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State-Initiated Restraints of Competition
This new book addresses important current problems and challenges arising from a large variety of state-initiated restraints. Beyond state-owned enterprises, rules on government procurement and the control of state subsidies, the contributions also ana
Regulating Access and Transfer of Data
Data collected and distributed on the internet is generally free, non-exclusive, and non-rivalrous. Yet online data is often difficult to access. This book examines the infrastructure for collecting, storing, and distributing data to show how it is embedded behind intellectual property and technological barriers. It proposes that the EU introduce an access and transfer governance right to data that can work in tandem with data protection rules. Chapters explore the subject matter of this protection, potential rights holders and the scope of the protection, and exceptions and limitations under intellectual property law and competition law. Comprehensive and timely, Regulating Access and Transfer of Data sets the foundations for a new legal system for our data-driven generation.
Legal Challenges of Big Data
This groundbreaking book explores the new legal and economic challenges triggered by big data, and analyses the interactions among and between intellectual property, competition law, free speech, privacy and other fundamental rights vis-à-vis big data analysis and algorithms.
Separation of Powers and Antitrust
In these challenging, digital times, separation of powers and antitrust both occupy centre stage, but their interactions have yet to be analysed. This timely and innovative book explores their potential convergence, notably examining the concentration of politico-economic power in the hands of a few digital platforms.
Digital Bouncers
Online content moderation is a well-known phenomenon. However, no consistent pattern exists on how it is done or how it is legally dealt with. This book addresses the complex issue of questionable content removals and account suspensions on social media platforms in the European Union, solving the existing legal ambiguity with a powerful roadmap designed to guide decision-makers in navigating online access rights and moderation issues. The roadmap’s elements are deduced from a technology-neutral comparative case law study of four Member States (Denmark, Germany, Italy, and the Netherlands) based on rigorous selection criteria that highlight the most salient distinctions that characterise l...
Regulating Data Monopolies
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.
Mulheres no antitruste V
Nesse quinto volume, o leitor encontrará vários dos temas-chave do Antitruste na atualidade, incluindo discussões sobre atos de concentração, concorrência diante dos mercados digitais e da tecnologia, reparação de danos concorrenciais e os desafios do passado, presente e futuro diante dos dez anos da Lei 12.529/2011. Todos esses assuntos são desenvolvidos com competência pelas autoras, a partir de diferentes olhares e perspectivas, mas com o fio condutor comum de serem unidas pelo amor ao Antitruste e pelo reconhecimento dos desafios que ele deve enfrentar para cumprir efetivamente os seus propósitos em uma economia cada vez mais complexa e tecnológica. O livro ainda nos brinda c...
Fronteiras do Direito: Desafios e Perspectivas na Sociedade Contemporânea
"Fronteiras do Direito: Desafios e Perspectivas na Sociedade Contemporânea - Volume 3" é uma obra que explora as questões mais urgentes e complexas que permeiam o cenário jurídico atual. Este terceiro volume da série apresenta uma análise profunda e abrangente sobre os desafios enfrentados pelo direito em um mundo em constante transformação.
Open Banking
"Consumers are growing more aware of the importance and value of the data they personally generate across industries and domains. Financial services is one such area where the link between one's personal data and its economic value is most clearly established, and consumers are beginning to agitate for and gain a measure of agency over their data. A study of the phenomenon of open banking provides a focused lens on the broader phenomena of data proliferation and data monetization. Thus, open banking and its related legal and economic issues along with policy ideas, such as consumer financial data rights, can serve as an interesting model for the broader policy discussion on general data righ...
Intellectual Property and Emerging Technologies
This book evaluates issues and challenges emerging from the interaction between intellectual property (IP) and new technologies, namely artificial intelligence (AI), big data, social media, internet of things (IoT), metaverse, blockchain, video gaming, and voice cloning. New technologies have not only shaken the current IP system but show the limits of a framework which was designed more than three centuries ago. As technological innovations have rendered some established IP rules and principles difficult to apply, new approaches are required to adequately respond to ensuing challenges. This volume uses existing case studies and prevailing court decisions to underline the dynamic of the current system. It proposes adjustments to accommodate new technologies within the current IP structure. The book reflects on the challenges created by new technologies and explores alternative ways to respond to these issues. This book will assist IP experts, academics, professionals, and policy makers in their undertakings to understand various issues generated by new technologies. It will also be of interest to researchers in the field of IP law and the law of emerging technologies.
