scholarly journals Big Data and the Essential Facilities Doctrine: A Law and Economics Approach to Fostering Competition and Innovation in Creative Industries

2021 ◽  
Vol 10 (1) ◽  
Author(s):  
Deirdre Ryan
Keyword(s):  
Big Data ◽  
Intellectual Property ◽  
Market Power ◽  
Law And Economics ◽  
Creative Industries ◽  
Streaming Services ◽  
Economic Functioning ◽  
The Cost ◽  
The Impact ◽  
Innovation Incentives

This article examines the growing market power of global streaming services in creative industries for video and music, and the intellectual property investments and inputs in these services. The author considers the prevalence of big data in these industries, enabling the development of highly targeted content, thereby dramatically reducing the potential of failure and mitigating the cost of investment. The author examined the suitability of traditional intellectual property laws for creative works driven largely by data inputs. The possibility of utilising the essential facilities doctrine to impose a duty to licence on these undertakings and the impact that could have on competition, innovation, incentives, and the economic functioning of creative industries is explored. 

scholarly journals Abuse of Dominance in the Case-law of the Hungarian Competition Authority – a Historical Overview

2020 ◽  
Vol 12 (21) ◽  
pp. 99-128
Author(s):  
Ákos Réger ◽  
András M. Horváth
Keyword(s):  
Market Power ◽  
Cost Allocation ◽  
Law And Economics ◽  
Case Law ◽  
Competition Authority ◽  
Historical Overview ◽  
Eu Competition Law ◽  
Starting Point ◽  
The Cost ◽  
Abuse Of Dominance

This paper provides a historical overview of the case-law and practices applied by the Hungarian Competition Authority (HCA) in abuse of dominance cases. The paper is co-written by practitioners of complementing antitrust fields, which ensures that both legal and economic considerations are explored. The paper identifies the unique characteristics of Hungarian legislation and case-law and critically evaluates them in light of EU competition law and economics principles. We analyse (i) the reasons for the high number of exploitative cases before 2010, (ii) the general principles applied by the HCA in exclusionary cases, (iii) the cost allocation assessments in dominance cases, and (iv) the issue of significant market power of retailers. The general starting point is that, judging by the number of dominance investigations, there is less antitrust enforcement by the HCA in recent years. However, the article concludes that less enforcement does not mean weaker enforcement. In fact, the quality of dominance cases, considering both legal and economic aspects, has increased over time. This tendency has also led to higher legal certainty in Hungary, which is beneficial for market players. Stronger criticism is only formulated against the concept of significant market power of retailers.

scholarly journals The Maker Movement: Copyright Law, Remix Culture and 3D Printing

2017 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Intellectual Property ◽  
3D Printing ◽  
The United States ◽  
Copyright Law ◽  
Patent Law ◽  
Creative Industries ◽  
Maker Movement ◽  
Marcel Duchamp ◽  
The Impact ◽  
The Maker Movement

Rimmer, Matthew (2017) The Maker Movement: Copyright law, remix culture, and 3D printing. University of Western Australia Law Review, 41(2), pp. 51-84.There has been much interest in how intellectual property law, policy, and practice will adapt to the emergence of 3D printing and the maker movement. Intellectual property lawyers will have to grapple with the impact of additive manufacturing upon a variety of forms of intellectual property – including copyright law, trade mark law, designs law, patent law, and trade secrets. The disruptive technology of 3D printing will both pose opportunities and challenges for legal practitioners and policy-makers.Rather than try to survey this expanding field, this article considers a number of early conflicts and skirmishes in respect of copyright law and 3D printing. There has been significant interest in the impact of 3D printing on copyright law and the creative industries. There have been classic issues raised about copyright subsistence, and the overlap between copyright law and designs. There has also been a moral panic about 3D printing facilitating copyright infringement – like peer to peer networks such as Napster in the past. There has been a use of open licensing models such as Creative Commons licensing to facilitate the sharing of 3D printing files. Such battles highlight a conflict between the open culture of the Maker Movement, and the closed culture of copyright industries. In many ways, such conflicts touch upon classic issues involved in ‘information environmentalism’. Part II looks at the controversy over Left Shark. In particular, it examines the copyright claims of Katy Perry in respect of the Left Shark figure. Part III considers questions about scanning. Augustana College tried to assert copyright against a maker, Jerry Fisher, who was scanning statues of Michelangelo (although copyright had long since expired in such work). Part IV focuses upon copyright law, 3D printing and readymades. The Estate of Marcel Duchamp lodged a copyright protest over a 3D printed set of chess, based on the work of Marcel Duchamp. Part V examines the intervention of a number of 3D printing companies in a Supreme Court of the United States dispute in Star Athletic v. Varsity Brands. Part VI considers copyright law and intermediary liability. Part VII examines the operation of technological protection measures in the context of copyright law and 3D Printing

The Impact of Market Power on the Functioning of Tradable Green Certificates Schemes

2007 ◽  
Vol 18 (2) ◽  
pp. 207-231 ◽  
Author(s):  
Pablo del Río
Keyword(s):  
Cost Effectiveness ◽  
Market Power ◽  
Electricity Markets ◽  
Renewable Energy Sources ◽  
Perfect Competition ◽  
Tradable Green Certificates ◽  
Green Certificates ◽  
Cost Distribution ◽  
The Cost ◽  
The Impact

Quotas with Tradable Green Certificates (TGC) schemes have generally been regarded as an effective and cost-efficient way to promote electricity from renewable energy sources (RES-E). The theoretical analysis of the effectiveness and cost-effectiveness of TGC schemes has traditionally taken place assuming perfect competition in, both the electricity and TGC markets. However, these markets may not approach the conditions of a perfectly competitive market. This paper analyses the influence of market power in, both, the TGC and electricity markets on RES-E deployment, cost-effectiveness and cost distribution. The major conclusion is that market power should not be a concern. Market power does not affect the effectiveness of a quota with TGC system, i.e., it does not affect RES-E deployment, although market power on the supply side of markets may negatively affect the cost-effectiveness of the system and increase the cost burden for electricity consumers.

scholarly journals An Introduction to the Law and Economics of Intellectual Property

1991 ◽  
Vol 5 (1) ◽  
pp. 3-27 ◽  
Author(s):  
Stanley M Besen ◽  
Leo J Raskind
Keyword(s):  
Intellectual Property ◽  
Law And Economics ◽  
Trade Secret ◽  
Economic Research ◽  
Introductory Essay ◽  
Long Time ◽  
The Law ◽  
The Impact ◽  
Economic Tradeoffs ◽  
Property Regimes

Although economists have written on topics of intellectual property for a long time, the impact of economics on public policy in this area has been slight, especially as compared to the influence of professional writings in areas such as antitrust and taxation. We believe that too few of the profession's resources have been devoted to these issues and that, of those resources that have been employed, too few have been devoted to empirical analyses. We hope that this introductory essay and the three papers that follow will stimulate interest in this subject. This introductory essay first describes some of the basic economic tradeoffs involved in intellectual property law, and then describes the framework of the law in the six areas described above: patent, copyright, semiconductor protection, trademark, trade secret, and misappropriation. It is intended both to provide thumbnail descriptions of the various intellectual property regimes to economists working in this area and to indicate where additional economic research might be useful.

scholarly journals The Incentive and Supervision Mechanism of Banks on Third-Party B2B Platforms in Online Supply Chain Finance Using Big Data

2021 ◽  
Vol 2021 ◽  
pp. 1-16
Author(s):  
Kun Tian ◽  
Xintian Zhuang ◽  
Beibei Yu
Keyword(s):  
Big Data ◽  
Numerical Analysis ◽  
Risk Aversion ◽  
Expected Utility ◽  
Third Party ◽  
Effort Level ◽  
Cost Coefficient ◽  
Expected Benefits ◽  
The Cost ◽  
The Impact

The incentive and supervision design of cooperation between banks and B2B platforms was studied under the electronic warehouse receipt pledge financing model. Under the assumptions of B2B platform risk, neutrality, and risk aversion, a principal-agent model for cooperation was established between banks and B2B platforms. Its purpose was to expand and compare the models by adding supervision variables. It also helps to analyze the effects of risk aversion coefficients on effort level, fixed payment, incentive coefficients, and the impact of bank income. This paper has analyzed the banking system’s incentives and supervision mechanisms by performing numerical analysis on big data. We have used MATLAB for numerical analysis. The results show that banks’ expected benefits when cooperating with risk-neutral B2B platforms are always greater than the expected benefits obtained when cooperating with risk-averse B2B platforms. But when banks act, the increase in profits exceeds the cost of regulatory measures. Besides, when the bank takes supervisory measures, the profit will be greater than the profit without supervisory measures. Hence, the B2B platform’s ability to recover losses is positively correlated with the bank’s expected utility. The cost coefficient of the B2B platform is negatively correlated with the bank’s expected utility. The risk aversion degree does not affect the optimal effort level of the B2B platform, but it affects the optimal fixed payment and the optimal incentive coefficient.

Demonstrating Nutrient Cost Gradients: A Brooklyn Case Study

2014 ◽  
Vol 84 (5-6) ◽  
pp. 244-251 ◽  
Author(s):  
Robert J. Karp ◽  
Gary Wong ◽  
Marguerite Orsi
Keyword(s):  
Low Income ◽  
Energy Content ◽  
Food Selection ◽  
The United States ◽  
United States Department ◽  
Micronutrient Deficiencies ◽  
Caloric Density ◽  
Low Income Families ◽  
The Cost ◽  
The Impact

Abstract. Introduction: Foods dense in micronutrients are generally more expensive than those with higher energy content. These cost-differentials may put low-income families at risk of diminished micronutrient intake. Objectives: We sought to determine differences in the cost for iron, folate, and choline in foods available for purchase in a low-income community when assessed for energy content and serving size. Methods: Sixty-nine foods listed in the menu plans provided by the United States Department of Agriculture (USDA) for low-income families were considered, in 10 domains. The cost and micronutrient content for-energy and per-serving of these foods were determined for the three micronutrients. Exact Kruskal-Wallis tests were used for comparisons of energy costs; Spearman rho tests for comparisons of micronutrient content. Ninety families were interviewed in a pediatric clinic to assess the impact of food cost on food selection. Results: Significant differences between domains were shown for energy density with both cost-for-energy (p < 0.001) and cost-per-serving (p < 0.05) comparisons. All three micronutrient contents were significantly correlated with cost-for-energy (p < 0.01). Both iron and choline contents were significantly correlated with cost-per-serving (p < 0.05). Of the 90 families, 38 (42 %) worried about food costs; 40 (44 %) had chosen foods of high caloric density in response to that fear, and 29 of 40 families experiencing both worry and making such food selection. Conclusion: Adjustments to USDA meal plans using cost-for-energy analysis showed differentials for both energy and micronutrients. These differentials were reduced using cost-per-serving analysis, but were not eliminated. A substantial proportion of low-income families are vulnerable to micronutrient deficiencies.

TRANSFER FİYATLAMA UYGULAMASININ İŞLETME PERFORMANSINA ETKİSİ VE VERGİSEL AÇIDAN DEĞERLENDİRİLMESİ

2014 ◽  
Vol 1 (2) ◽  
pp. 187
Author(s):  
Serdar KUZU
Keyword(s):  
Business Performance ◽  
Transfer Pricing ◽  
Tax Law ◽  
Economic Activities ◽  
Tax System ◽  
Goods And Services ◽  
Tax Legislation ◽  
International Transactions ◽  
The Cost ◽  
The Impact

The size of international trade continues to extend rapidly from day to day as a result of the globalization process. This situation causes an increase in the economic activities of businesses in the trading area. One of the main objectives of the cost system applied in businesses is to be able to monitor the competitors and the changes that can be occured as a result of the developments in the sector. Thus, making cost accounting that is proper according to IAS / IFRS and tax legislation has become one of the strategic targets of the companies in most countries. In this respect, businesses should form their cost and pricing systems according to new regulations. Transfer pricing practice is usefull in setting the most proper price for goods that are subject to the transaction, in evaluating the performance of the responsibility centers of business, and in determining if the inter-departmental pricing system is consistent with targets of the business. The taxing powers of different countries and also the taxing powers of different institutions in a country did not overlap. Because of this reason, bringing new regulations to the tax system has become essential. The transfer pricing practice that has been incorporated into the Turkish Tax System is one of the these regulations. The transfer pricing practice which includes national and international transactions has been included in the Corporate Tax Law and Income Tax Law. The aim of this study is to analyse the impact of goods and services transfer that will occur between departments of businesses on the responsibility center and business performance, and also the impact of transfer pricing practice on the business performance on the basis of tax-related matters. As a result of the study, it can be said that transfer pricing practice has an impact on business performance in terms of both price and tax-related matters.

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