Competition Law and the Digital Economy: Poland

2019 ◽  
Author(s):  
Maciej Bernatt
Keyword(s):  
Competition Law ◽  
Digital Economy

scholarly journals Digital Economy, Big Data and Competition Law

2019 ◽  
Vol 3 (1) ◽  
pp. 53-89
Author(s):  
Roberto Augusto Castellanos Pfeiffer
Keyword(s):  
Big Data ◽  
Data Protection ◽  
Personal Data ◽  
Competition Law ◽  
Digital Economy ◽  
Data Driven ◽  
Dominant Position ◽  
Privacy Concerns ◽  
Sense Data ◽  
Abuse Of Dominant Position

Big data has a very important role in the digital economy, because firms have accurate tools to collect, store, analyse, treat, monetise and disseminate voluminous amounts of data. Companies have been improving their revenues with information about the behaviour, preferences, needs, expectations, desires and evaluations of their consumers. In this sense, data could be considered as a productive input. The article focuses on the current discussion regarding the possible use of competition law and policy to address privacy concerns related to big data companies. The most traditional and powerful tool to deal with privacy concerns is personal data protection law. Notwithstanding, the article examines whether competition law should play an important role in data-driven markets where privacy is a key factor. The article suggests a new approach to the following antitrust concepts in cases related to big data platforms: assessment of market power, merger notification thresholds, measurement of merger effects on consumer privacy, and investigation of abuse of dominant position. In this context, the article analyses decisions of competition agencies which reviewed mergers in big data-driven markets, such as Google/DoubleClick, Facebook/ WhatsApp and Microsoft/LinkedIn. It also reviews investigations of alleged abuse of dominant position associated with big data, in particular the proceeding opened by the Bundeskartellamt against Facebook, in which the German antitrust authority prohibited the data processing policy imposed by Facebook on its users. The article concludes that it is important to harmonise the enforcement of competition, consumer and data protection polices in order to choose the proper way to protect the users of dominant platforms, maximising the benefits of the data-driven economy.

scholarly journals The scope of competition law in the digital economy

Pravovedenie ◽  
2019 ◽  
Vol 63 (4) ◽  
pp. 522-572
Author(s):  
Ioannis Lianos ◽  
◽  
Zingales Nicolo ◽  
Andrew McLean ◽  
Azza Raslan ◽  
...  
Keyword(s):  
Personal Data ◽  
Competition Law ◽  
Digital Economy ◽  
Competition Authority ◽  
Digital Platforms ◽  
Brics Countries ◽  
Explicit Consent ◽  
Data Portability ◽  
The Right ◽  
Interim Measures

The article reveals new problems arising in the digital economy and the need for antimonopoly regulation. It also analyzes the legal remedies and procedures for competition law in the context of digitalization. Redesigning competition law procedures for the digital economy can take two forms: 1) ensure the rate of competition law enforcement so as to avoid acting in situations when market tipping has already occurred and it is almost impossible to reverse the anticompetitive outcome; 2) develop remedial action that takes into account the scale of anticompetitive behavior, which might better reflect the complexity of digital markets. Competition authorities should consider utilizing interim measures and commitment decisions in the digital economy, both instruments playing a complementary role. Interim measures can be used within a revised framework with lower thresholds, but this should only be reserved for complicated and lengthy investigations where there is risk of irreversible harm to competition. These measures should be applied to the most harmful violations, such as cartels and abuse of dominance. Commitment decisions can be utilized to address less serious violations where it is also beneficial to the competition authority to reach a swift resolution. The article analyzes the division of companies as a way to eliminate violations. Division can take different forms and need not be structural. A certain ‘light-touch’ separation may be achieved by policies mandating that digital platforms not use personal data that has been harvested by the members of their ecosystems unless they have the explicit consent of their users. The article also addresses issues such as data portability and cross-platform compatibility. The authors have proved that the BRICS countries need to supplement their national legislation on the protection of personal data in terms of norms on their portability. Although it is not mainly designed as a tool to combat monopolies and market power, data portability will have a significant impact on competition in digital markets. Multisided digital platforms are characterized by a high network and lock-in effects. In a winner takes all, or most, where undertakings compete for the market rather than in the market, the right to data portability may provide some relief from the power that large digital platforms hold.

Challenges and Changes

2020 ◽  
pp. 152-172
Author(s):  
David J. Gerber
Keyword(s):  
Competition Law ◽  
Digital Economy ◽  
The Other ◽  
Global Competition ◽  
Key Factors ◽  
Global System ◽  
Law System ◽  
Legal Professionals ◽  
System P

The chapter focuses on two profound and lasting changes in competition. One is the deepening and widening of globalization, which alters the dimensions of markets; the other is the digital economy, which creates new forms of competition. Together, they challenge both domestic regimes and the global system. The chapter describes how these two changes combine to challenge competition authorities, courts, and legal professionals. It notes how individual regimes are responding to these changes and identifies key factors that shape their responses. It then shows how these challenges are altering many aspects of the relationships among competition law regimes—that is, the global competition law system.

scholarly journals Public Interest and EU Competition Law

2020 ◽  
Vol 65 (2) ◽  
pp. 256-281
Author(s):  
Niamh Dunne
Keyword(s):  
European Union ◽  
Public Interest ◽  
Competition Law ◽  
Digital Economy ◽  
Public Utilities ◽  
The European Union ◽  
Pharmaceutical Sector ◽  
Public Interest Law ◽  
Eu Competition Law ◽  
Key Sectors

While European Union (EU) competition law has long been understood as a variety of public interest law, the extent to which the rules can be applied directly to advance noneconomic public interest-oriented goals is more contentious. This contribution considers whether and how such concerns can be accommodated within the framework of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). It considers both the conventional approach to addressing public interest concerns within the analytical structure of the antitrust rules and also how broader public interest objectives have shaped recent EU-level enforcement efforts in three key sectors: the liberalizing public utilities markets, the pharmaceutical sector, and the digital economy.

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.

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