scholarly journals Digitale Marktmacht

2019 ◽  
Author(s):  
Maximilian Volmar
Keyword(s):  
Business Models ◽  
Competition Law ◽  
Political Influence ◽  
The Internet ◽  
Dominant Position ◽  
Digital Platforms ◽  
The Us ◽  
Definition Of ◽  
A Company ◽  
The Eu

The ascending economic and political influence of the internet platforms of the 21st century has sparked a debate about the adequate regulation of these “tech titans”. At the heart of this discussion is competition law – the field of law that was created to tame dominant companies. But when does a company truly hold such a “dominant position”? The definition of this fundamental competition law term faces numerous challenges when applied to digital platforms, from zero-price markets to the multi-sidedness of business models. This book dismantles the term into its components and shows where the methodology needs to adapt to the digital economy. In doing so, it considers the legal regimes of Germany, the EU and the US, as well as findings from legal economics.

A refusal to grant access to a grid within the provision of crude oil transfer services as an example of a prohibited abuse of a dominant position in the EU and Polish competition law

2018 ◽  
Vol 5 (2) ◽  
pp. 199 ◽  
Author(s):  
Wojciech Paweł SZYDŁO
Keyword(s):  
Crude Oil ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
Dominant Position ◽  
Oil Companies ◽  
Effective Competition ◽  
Oil Pipelines ◽  
Transfer Services ◽  
The Eu

Aim: The paper discusses cases in which a refusal by an energy enterprise to connect other enterprises to the network is treated as a prohibited abuse of the enterprise's dominant position and, equally, will represent behavior prohibited by art. 12 of the Treaty on the Functioning of the European Union and by art. 9 par. 2 item 2 of the Competition and Consumer Protection Law as well as legal consequences of such refusal. It is important to pinpoint such cases since the EU sectoral regulation does not provide for obligating any undertakings which manage and operate oil pipelines to enter into contracts with other undertakings such as contracts on connecting into their network or contracts on providing crude oil transfer services. Conditions for accessing oil pipelines and selling their transfer capacities are determined by the owners of the networks: private oil companies in the countries across which the pipelines are routed. These conditions are not governed by the EU law.  Furthermore, the very obligation of connecting other entities to own network by energy undertakings operating in the oil transfer sector in Poland will only arise from generally applicable provisions of the Polish competition law.  Design / Research methods: The purpose of the paper has been reached by conducting a doctrinal analysis of relevant provisions of Polish and EU law and an analysis of guidelines issued by the EU governing bodies. Furthermore, the research included the functional analysis method which analyses how law works in practice. Conclusions / findings: The deliberations show that a refusal to access the network will be a manifestation of a prohibited abuse of a dominant position and will be a prohibited action always when the dominant's action is harmful in terms of the allocation effectiveness. It will be particularly harmful when delivery of goods or services objectively required for effective competition on a lower level market, a discriminatory refusal which leads to elimination of an effective competition on the consequent market, a refusal leading to unfair treatment of consumers and an unjustified refusal. Originality / value of the article: The paper discusses the prerequisites which trigger the obligation to connect entities to own network by energy undertakings operating in the oil transfer sector. The obligation has a material impact on the operations of the oil transmitting undertakings, in particular on those who dominate the market. The regulatory bodies in the competition sector may classify a refusal of access to own network by other enterprises as a prohibited abuse of the dominant position, exposing such undertakings to financial consequences.Implications of the research: The research results presented in the paper may be used in decisions issued by the President of the OCCP and in judgement of Polish civil courts and EU courts. This may cause a significant change in the approach to classifying prohibited practices to prohibited behavior which represent abuse of the dominant position. The deliberations may also prompt the Polish and EU legislator to continue works on the legislation.

scholarly journals Jan Hornat: Transatlantic Democracy Assistance. Promoting Different Models of Democracy.

2019 ◽  
Vol 54 (2) ◽  
pp. 70-73
Author(s):  
Veronika Bílková
Keyword(s):  
Political Theory ◽  
Democratic Governance ◽  
Us Foreign Policy ◽  
Democracy Promotion ◽  
Democracy Assistance ◽  
Constructivist View ◽  
The Us ◽  
Definition Of ◽  
The Eu

The approaches of EU institutions and the US to democracy assistance often vary quite significantly as both actors choose different means and tactics. The nuances in the understandings of democracy on the part of the EU and the US lead to their promotion of models of democratic governance that are often quite divergent and, in some respects, clashing. This book examines the sources of this divergence and by focusing on the role of the actors’ "democratic identity" it aims to explain the observation that both actors use divergent strategies and instruments to foster democratic governance in third countries. Taking a constructivist view, it demonstrates that the history, expectations and experiences with democracy of each actor significantly inform their respective definition of democracy and thus the model of democracy they promote abroad. This book will be of key interest to scholars, students and practitioners in democracy promotion, democratization, political theory, EU and US foreign policy and assistance, and identity research.

The role of public diplomacy in defending national and coalition interests (for example, the US, NATO and the EU)

2020 ◽  
pp. 61-69
Author(s):  
V. I. Vinokurov
Keyword(s):  
Public Diplomacy ◽  
The Us ◽  
Definition Of ◽  
The Eu

The article gives a definition of public diplomacy, reveals the dualism of its functions, emphasizes the role and place of public diplomacy in upholding national and bloc interests.

The globalization of TikTok: Strategies, governance and geopolitics

2021 ◽  
Vol 12 (2) ◽  
pp. 273-292
Author(s):  
Lianrui Jia ◽  
Fan Liang
Keyword(s):  
Business Models ◽  
Global Media ◽  
Digital Platforms ◽  
Government Relations ◽  
Platform Governance ◽  
The Us ◽  
Rise Of China ◽  
Global Platform ◽  
National Governments ◽  
The Rise Of China

This article examines the rise of TikTok in three aspects: globalization strategies, data and content policies, and geopolitical implications. Instead of focusing on app features and uses within the platform proper, we situate and critically analyse TikTok as a platform business in a global media policy and governance context. We first unpack TikTok’s platformization process, tracing how TikTok gradually diversifies its business models and platform affordances to serve multisided markets. To understand TikTok’s platform governance, we systematically analyse and compare its data and content policies for different regions. Crucial to its global expansion, we then look at TikTok’s lobbying efforts to maintain government relations and corporate responses after facing multiple regulatory probing by various national governments. TikTok’s case epitomizes problems and challenges faced by a slew of globalizing Chinese digital platforms in increasingly contested geopolitics that cut across the chasms and fault lines between the rise of China and India as emergent powers in the US-dominated global platform ecosystem.

The EU Response to Criminal Misuse of Cryptocurrencies: The Young, already Outdated 5th Anti-Money Laundering Directive

2020 ◽  
Vol 28 (3) ◽  
pp. 217-251
Author(s):  
Valentina Covolo
Keyword(s):  
Money Laundering ◽  
Business Models ◽  
International Standards ◽  
Present Contribution ◽  
The Core ◽  
Cross Border ◽  
The Us ◽  
New Business ◽  
New Business Models ◽  
The Eu

Abstract Combatting criminal misuse of cryptocurrencies was at the core of the fatf agenda under the US Presidency, culminating in June 2019 with the thorough extension of international standards against money laundering over virtual assets’ markets. This echoed the first legislative measure regulating virtual currencies adopted by the EU a year before. Directive 2018/843, better known as the 5th Anti-Money Laundering Directive, fails however to address key technological breakthroughs and new business models, which continuously make the ever-growing and fast-paced crypto economy evolve. Against this background, the present contribution investigates shortfalls and challenges that lay ahead in the light of the new fatf Recommendations. It ultimately argues that the preventive anti-money laundering measures cannot dispense with the establishment of a cross-border integrated supervisory and enforcement system.

5. The legal framework

2021 ◽  
pp. 48-54
Author(s):  
Ariel Ezrachi
Keyword(s):  
Mergers And Acquisitions ◽  
Competition Law ◽  
Legal Framework ◽  
Monopoly Power ◽  
Antitrust Law ◽  
Eu Member States ◽  
Eu Competition Law ◽  
The Us ◽  
Restraint Of Trade ◽  
The Eu

‘The legal framework’ outlines the key competition provisions currently in the US and EU. Like in most other jurisdictions, EU and US laws include competition provisions that are used to address antitrust violations such as anti-competitive agreements or abuse of monopoly power. They also include laws dealing with proposed mergers and acquisitions. The US Antitrust Law prohibits contracts and agreements between two or more individuals or entities in restraint of trade or commerce. Meanwhile, EU competition law prohibits agreements between ‘undertakings’ that have, as their object or effect, the prevention, restriction, or distortion of competition, and affect trade between the EU member states.

23. Particular sectors

2021 ◽  
pp. 1019-1055
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
Transport Sector ◽  
Current Debate ◽  
Electronic Communications ◽  
Digital Platforms ◽  
Military Equipment ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Uk ◽  
The Eu

This chapter deals with four issues. First it will briefly examine three sectors of the economy that are wholly or partly excluded from EU competition law, namely nuclear energy, military equipment and agriculture; the special regime that once existed for coal and steel products under the former European Coal and Steel Community (‘the ECSC’) Treaty is also mentioned in passing. Secondly, it will explain the application of the EU competition rules apply to the transport sector. Thirdly, the chapter will consider the specific circumstances of four so-called ‘regulated industries’, electronic communications, post, energy and water, where a combination of legislation, regulation and competition law seek to promote competition. Last, but by no means least, the current debate concerning digital platforms is discussed where it is likely that ex ante regulatory rules will be introduced, both in the EU and the UK, to address concerns about anti-competitive conduct and a tendency towards the monopolisation of markets.

scholarly journals Shadow Banking in Europe: Idiosyncrasies and their Implications for Regulation

2019 ◽  
Vol 10 (4) ◽  
pp. 781-810 ◽  
Author(s):  
Hossein NABILOU ◽  
André PRÜM
Keyword(s):  
Market Structure ◽  
Driving Force ◽  
Business Models ◽  
Banking System ◽  
Shadow Banking ◽  
Regulatory Frameworks ◽  
Money Market Funds ◽  
The Us ◽  
Shadow Banking System ◽  
The Eu

This paper studies the specificities of shadow banking in Europe. It highlights striking differences between the EU and the US shadow banking sectors based on both market structure and legal micro-infrastructure of the shadow banking sectors in these two jurisdictions. It argues that these different institutional and legal infrastructures, as well as the different trajectories in the evolution of the shadow banking sectors in terms of business models, size and composition of actors and transactions, can be the driving force behind the differential regulatory treatment of shadow banking across the Atlantic. In highlighting such differences, this paper focuses on repo transactions, as the main instruments that play a significant role in credit intermediation outside the regulatory perimeter of the banking system. It then discusses money market funds and highlights differences in their structure, functioning, and their existing regulatory treatment. The paper concludes that the market structure, business models, and legacy legal and regulatory frameworks of shadow banking display substantial differences across the Atlantic. The findings in this paper rally against one-size-fits-all approaches to addressing the problems of the shadow banking system worldwide and recommends differentiated and more nuanced regulatory approaches to regulating shadow banking across the Atlantic.

ECJ ruling further dims EU-US data protection outlook

2015 ◽  
Keyword(s):  
Data Storage ◽  
Data Protection ◽  
The United States ◽  
The Internet ◽  
Content Type ◽  
Transatlantic Trade ◽  
Data Flows ◽  
The Us ◽  
Trade And Investment ◽  
The Eu

Significance The ECJ ruling could add to potential disruptions to transatlantic commercial data flows arising from the EU's developing data protection regime that a study for the US Chamber of Commerce valued at 0.8-1.3% of EU GDP. The ruling weakens the United States in negotiations over the new EU regime, as well as over the Transatlantic Trade and Investment Partnership (TTIP). Impacts The ruling may bolster development of EU-based cloud facilities as EU users seek to avoid the risks of US-based data storage. This could reduce US firms' estimated 76% share of the EU cloud market. It would also lead to further fragmentation of the internet as a global resource.

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