Why Sound Law and Economics Should Guide Competition Policy in the Digital Economy

2018 ◽  
Author(s):  
Dirk Auer ◽  
Geoffrey Manne ◽  
Aurélien Portuese ◽  
Thibault Schrepel
Keyword(s):  
Competition Policy ◽  
Law And Economics ◽  
Digital Economy

The Law and Economics of Competition Policy

1991 ◽  
Vol 17 (2) ◽  
pp. 212
Author(s):  
James P. Cairns ◽  
Frank Mathewson ◽  
Michael Trebilcock ◽  
Michael Walker
Keyword(s):  
Competition Policy ◽  
Law And Economics ◽  
The Law

scholarly journals Legal procuring of international information/cyber security of the digital economy: economic and legal aspects

E-Management ◽  
2019 ◽  
pp. 61-66
Author(s):  
L. O. Gontar’
Keyword(s):  
European Union ◽  
Cyber Security ◽  
Law And Economics ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Digital Economy ◽  
Substantial Part ◽  
The European Union ◽  
The Impact

The article considers a problem of the definition of the digital economy, as well as presents a new theme on the legal procuring of international cyber security. The above mentioned new direction serves as an indicator of possible interdisciplinary research in the field of law and economics in the sphere of digital processes. As a justification the acts of the European Union have been adduced and their characteristic features, which consist in consideration of a substantial part of digital economy (economic party) have been allocated. This integration association has a unique structure and history, but the process of regulating the digital economy in the European Union began not so long ago. The European Union is one of the few integration associations that has started to work on improving the mechanisms of legal regulation of the digital market. This circumstance certainly affects the development of an integrated approach to the understanding of the digital economy, as well as further actualizes the issue of considering the legal procuring of international cyber security of this phenomenon. Legal procuring of security is a new direction in the international legal field, which will allow to consider the legal aspects in demand in the digital economy. The challenges in relation to international cyber security and the impact of the conceptual apparatus on the issues of the legal procuring of the security of the digital economy have been considered. It is important to note that the article suggests possible solutions to the problem posed. At the end of the article three proposals for improving approaches to the security of the digital economy have been elaborated. In terms of their qualitative characteristics, the proposals, undoubtedly, relate to legal and technical aspects, but also solutions regarding the conceptual component of the legal procuring of the security have been presented.

scholarly journals Legal Regulation of Economic Relations and Convergence of Law and Economics Issues at Foreign Legal Doctrine in the Digital Economy

2020 ◽  
Vol 8 (5) ◽  
pp. 120-133
Author(s):  
Tat'yana Evseeva
Keyword(s):  
Economic Impact ◽  
Present Article ◽  
Law And Economics ◽  
Legal Regulation ◽  
Digital Economy ◽  
Legal Doctrine ◽  
Economic Relations ◽  
Digital Era

Foreign theories of law and economics interrelation differ. There were attempts of classifying the theories by the criteria of law economic impact on economy. Different doctrines of law and economics interrelation are supposed to be regarded at the present article taking into consideration state legal regulation of economic relations (law and economics interrelation). The issues of convergence of law and the science of economics are also raised at the present paper. Moreover, there are challenges of the digital era that require some new measures and methods of law and economics exercising.

Big Tech and the Digital Economy

2020 ◽  
Author(s):  
Nicolas Petit
Keyword(s):  
Twentieth Century ◽  
Competition Policy ◽  
Business Models ◽  
Digital Economy ◽  
Regulatory Agencies ◽  
Policy Intervention ◽  
Competitive Pressure ◽  
The Subject ◽  
Monopoly Rents ◽  
Oligopoly Competition

To date, world antitrust and regulatory agencies have invariably described large technology companies—such as Google, Amazon, Microsoft, Apple, and Facebook—as dominant, bottleneck or gatekeeping companies comparable to the textbook monopolists of the early twentieth century. They have proceeded on this basis to discipline their business activities with unprecedented financial penalties and other regulatory obligations. This “techlash” is the subject of this book. Proceeding from the observation that big tech firms engage in both monopoly and oligopoly competition across digital markets, the book introduces a theory of moligopoly competition. It suggests that rivalry-spirited antitrust and regulatory laws are both conceptually and methodologically impervious to the competitive pressure that bears on big tech firms, resulting in a risk of well-intended but irrelevant policy intervention. The book proposes a refocusing of competition policy towards certain types of tipped markets where digital firms extract monopoly rents, and careful adoption of regulation toward other social harms generated by big tech’s business models.

Retrospect and Prospect

2020 ◽  
pp. 289-302
Author(s):  
Rex Ahdar
Keyword(s):  
New Zealand ◽  
Environmental Impacts ◽  
Competition Policy ◽  
New Technologies ◽  
Competition Law ◽  
Digital Economy ◽  
Chinese Investment ◽  
Future Developments ◽  
And Control ◽  
Modern Era

This chapter looks back upon the modern era and speculates on future developments. As a modern competition statue, the Commerce Act 1986 stands up well in both substance and form and, overall, can be adjudged to be a success. The courts have battled valiantly to determine often complex disputes in a way that is mostly in harmony with the Act’s objective. A respectable body of antitrust jurisprudence has accumulated in just over three decades. Some challenges faced by NZ competition policy designers and enforcement agencies are generic in nature, being issues facing all antitrust jurisdictions. Common challenges include: (a) greater harmonization of competition law internationally and increased co-operation between enforcement authorities; (b) the challenge posed by the digital economy and new technologies; (c) a renewed concern with “fairness” and socio-political considerations, and; (d) inclusion of new factors such as environmental impacts. Other matters are more specific to New Zealand and include: (i) the response to greater Chinese investment and control (Sinicization) of the economy, and; (ii) the possible accommodation of indigenous Maori business enterprises.

Emerging questions about merger notification and the Canadian response

2020 ◽  
Vol 8 (1) ◽  
pp. 1-9
Author(s):  
Keldon Bester ◽  
Jacqueline Byers
Keyword(s):  
Public Interest ◽  
Competitive Analysis ◽  
Competition Policy ◽  
Digital Economy ◽  
International Competition

Abstract Amid a global uptick in public interest in competition policy, questions have emerged about the fitness of tools available to international competition authorities, particularly in relation to the digital economy. Treatment of mergers has come under increased scrutiny, and while the competitive analysis of mergers is a rich vein of debate, equally important is the question of which mergers competition authorities decide to analyse at all. We provide a brief overview of the Canadian approach to pre-merger notification, the emerging challenges associated with but not limited to the digital economy, and the Canadian response thus far.

scholarly journals Digital economyand competition policy

2018 ◽  
pp. 36-41
Author(s):  
A. G. Atanasian
Keyword(s):  
Big Data ◽  
Speed Of Sound ◽  
Competition Policy ◽  
Network Effects ◽  
Sharing Economy ◽  
Digital Economy ◽  
International Competition ◽  
Rapid Adaptation ◽  
Digital Platforms ◽  
Adaptation Effects

The realities of digital economy make international competition community to face chal- lenges that require rapid adaptation. Effects of large hi-tech companies’ activity are still too hard to witness and to forecast. It is, however, obvious now that not only informa- tion, but also infringements of antimonopoly legislation are spreading at the speed of sound. This paper observes such important for antimonopoly regulation phenomena, as big data, digital platforms and network effects, sharing economy.

Competition Law and the Digital Economy in the UK and Beyond

2021 ◽  
pp. 359-388
Author(s):  
Liza Lovdahl Gormsen
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
Digital Economy ◽  
The Novel ◽  
Online Platforms ◽  
Global Companies ◽  
The Government ◽  
The Uk ◽  
Lock In

In Chapter 14, Liza Lovdahl Gormsen considers the contemporaneous debate on how best to address aspects of the interaction between competition law and the digital economy. She stressed that data is the pinnacle of the digital economy. It has fuelled amazing innovations in all sectors of the economy, but the accumulation of data in the hands of a few global companies may lead to lock-in, bottleneck issues, and leverage. The chapter notes that according to the report Unlocking Digital Competition, which was prepared for the UK Treasury, competition policy will need to be updated to address the novel challenges posed by the digital economy. Some of these updates can happen within current powers, but legal changes are important to ensure that this job can be done effectively. The Competition and Markets Authority’s market study on Online Platforms and Digital Advertising recommends establishing a Digital Markets Unit and ex ante regulation as a possible way forward. Building on the outputs from the Furman Review, the government asked the CMA to lead a Digital Markets Taskforce. In December 2020, the latter published its advice, A New Pro-competition Regime for Digital Markets, where it sets out the role of the Digital Markets Unit and an overview of its proposed regulatory framework for digital firms. This chapter looks at some of the challenges for UK competition policy in digital markets, in particular in relation to data, enforcement, and regulation. It also touches upon some of the potential issues that the UK faces in the digital economy following Brexit.

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