Datenbasierte Marktmacht in der europäischen Fusionskontrolle

2021 ◽  
Author(s):  
Julian Heim
Keyword(s):  
Artificial Intelligence ◽  
Market Power ◽  
Data Protection ◽  
Business Models ◽  
Antitrust Law ◽  
Competitive Effects ◽  
The Core ◽  
Technical Developments ◽  
Access To Data

Data is the core of Internet-based business models. Ever since Facebook took over WhatsApp, European antitrust law has been faced with the question of how to deal with mergers, especially those involving the well-known Internet giants ("FANG"). Under what circumstances can market power be based as a prohibition criterion on the possession of and access to data? What competitive effects of data-based market power are to be feared in horizontal, vertical and conglomerate mergers? How can any commitments remedy this form of market power? The work takes into account technical developments such as artificial intelligence as well as data protection aspects.

Datenschutzrechtsverstöße als kartellrechtlicher Konditionenmissbrauch

2020 ◽  
Author(s):  
Julia Barth
Keyword(s):  
Market Power ◽  
Data Protection ◽  
Antitrust Law ◽  
Legal Question ◽  
Market Dominance ◽  
Data Protection Law

The German Federal Cartel Office´s decision stating that Facebook violated antitrust law by breaching the Data Protection Law is highly controversial. Is it possible to ground an abuse of market dominance on Data Protection Law violations? The author examines the formal, substantive and doctrinal issues of this legal question. By determining the scope and system of antitrust law, she establishes a number of criteria for deciding whether non-Antitrust Law breaches may justify an abuse of market power by use of unreasonable contractual terms. The monograph also addresses and evaluates the competence-related problems deriving from two different authorities examining the same Data Protection Law violations. The author concludes that non-antitrust law breaches may constitute an abuse of market power under circumstances present in the case of Data Protection Law, but that cartel authorities in Europe lack the competence to determine a breach of the GDPR themselves.

scholarly journals Limitations to Text and Data Mining and Consumer Empowerment. Making the Case for a Right to “Machine Legibility”

2020 ◽  
Author(s):  
Rossana Ducato ◽  
Alain Strowel
Keyword(s):  
Artificial Intelligence ◽  
Data Mining ◽  
Intellectual Property Rights ◽  
Data Protection ◽  
Consumer Empowerment ◽  
Protection Measures ◽  
Legal Constraints ◽  
Access To Data ◽  
Legal Barriers ◽  
Text And Data Mining

The paper focuses on the current legal barriers to text and data mining (TDM) in the context of smart disclosure systems (SDSs) whose aim is to provide consumers with improved access to the data needed to make informed decisions. The use of intellectual property rights and contracts, combined with technological protection measures, can hinder TDM and the deployment of SDSs.Further, those legal constraints can negatively impact artificial intelligence innovation that requires improved access to data. There are thus various arguments for enhanced “machine legibility”.However, the TDM exception included in the draft Copyright in the DSM Directive and the various amendments proposed by the European Parliament or the Council do not appear to clear the way for enhanced “machine legibility”. In relation to SDSs, we also argue that the principle of transparency, embedded in consumer and data protection laws, can serve as a last line of defence against prohibition of TDM.

US tech firms will be at the core of intra-EU quarrels

2016 ◽  
Keyword(s):  
European Commission ◽  
Data Protection ◽  
Business Models ◽  
Content Type ◽  
Eu Policy ◽  
The Core ◽  
The Past ◽  
Internet Economy ◽  
The Us ◽  
European Regulatory

Subject EU/US tensions on internet economy Significance Over the past few weeks, the European Commission has proposed a series of reforms to facilitate the growth of the digital economy, resisting calls for greater regulation of the sector and the US internet companies that dominate key segments of it. Yet those companies have also been the target of some national authorities who seek to limit the disruption of incumbent business models. Impacts US companies are likely to redouble their efforts to lobby national and European authorities for a lighter European regulatory framework. Differences are likely to persist on core principles, particularly around data protection and privacy. EU policy is shifting towards creating an environment that will foster the emergence of EU companies that can compete with US tech giants.

The (Extra-)territorial Scope Rules of the New European Data Protection Law from a Private International Law Perspective—A Model for South Africa?

2021 ◽  
Vol 54 (1) ◽  
Author(s):  
Jonas Baumann ◽  
Nazreen Ismail
Keyword(s):  
International Law ◽  
Data Protection ◽  
Business Models ◽  
Personal Information ◽  
Legal Framework ◽  
Private International Law ◽  
General Data Protection Regulation ◽  
Technical Developments ◽  
Rules And Principles ◽  
Data Protection Law

Novel technical developments are a source for new business models and, at the same time, a challenge for legal systems and in particular data protection laws. A fundamental challenge in this respect is the delocalisation of data proceedings enabled by modern technologies. In addition, most cases related to such new data driven business models contain foreign elements. From a data protection perspective this raises numerous legal questions, related to the territorial scope of data protection instruments and their relation to the established rules and principles of private international law. The European General Data Protection Regulation (GDPR) addresses the delocalisation with extra-territorial scope rules, but the discussion on how those provisions are embedded in the legal framework of private international law has only started. This article will address those questions in context of the GDPR and the South African Protection of Personal Information Act (POPIA) from a comparative perspective. After a brief overview of the GDPR, the requirements of the territorial scope rules of Articles 3(1) and (2) GDPR will be examined. Thereafter, the doctrinal classification of these rules within the established categories of private international law and the question of whether a choice of the applicable data protection law is permitted within the legal framework of the EU will be investigated. In conclusion, the article examines the territorial scope of the POPIA and provides recommendations for an improvement of the existing rules de lege ferenda.

Artificial Intelligence as a Growth Engine for Health Care Startups: Emerging Business Models

2018 ◽  
Vol 61 (2) ◽  
pp. 59-83 ◽  
Author(s):  
Massimo Garbuio ◽  
Nidthida Lin
Keyword(s):  
Artificial Intelligence ◽  
Health Care ◽  
Business Model ◽  
Value Creation ◽  
Critical Analysis ◽  
Business Models ◽  
Health Conditions ◽  
The World ◽  
The Future

The future of health care may change dramatically as entrepreneurs offer solutions that change how we prevent, diagnose, and cure health conditions, using artificial intelligence (AI). This article provides a timely and critical analysis of AI-driven health care startups and identifies emerging business model archetypes that entrepreneurs from around the world are using to bring AI solutions to the marketplace. It identifies areas of value creation for the application of AI in health care and proposes an approach to designing business models for AI health care startups.

scholarly journals The Influence of Economic Theories and Schools on Competition Law in terms of Vertical Agreements

2018 ◽  
Vol 11 (18) ◽  
pp. 153-180
Author(s):  
Zbigniew Jurczyk
Keyword(s):  
Competition Policy ◽  
Evaluation Criteria ◽  
Competition Law ◽  
Chicago School ◽  
Antitrust Law ◽  
Competitive Effects ◽  
Economic Theories ◽  
The Past ◽  
Antitrust Analysis ◽  
Harvard School

The paper aims at showing the influence and the views espoused by economic theories and schools of economics on competition policy embedded in antitrust law and conducted by competition authorities in the field of vertical agreements. The scope of the paper demonstrates how substantially the economization of antitrust law has changed the assessment as to the harmfulness of vertical agreements. The analysis of economic aspects of vertical agreements in antitrust analysis allows one to reveal their pro-competitive effects and benefits, with the consumer being their beneficiary. The basic instrument of the said economization is that antitrust bodies draw on specific economic models and theories that can be employed in their practice. Within the scope of the paper, the author synthesizes the role and influence of those models and schools of economics on the application of competition law in the context of vertical agreements. In presenting, one after another, the theories and schools of economics which used to, or are still dealing with competition policy the author emphasises that in its nature this impact was more or less direct. Some of them remain at the level of general principals and axiology of competition policy, while others, in contrast, delineate concrete evaluation criteria and show how the application of those criteria changes the picture of anti-competitive practices; in other words, why vertical agreements, which in the past used to be considered to restrain competition, are no longer perceived as such. The paper presents the models and recommendations of neoclassical economics, the Harvard School, the Chicago and Post-Chicago School, the ordoliberal school, the Austrian and neoAustrian school as well as the transaction cost theory.

scholarly journals Corporate digital responsibility (CDR) in construction engineering—ethical guidelines for the application of digital transformation and artificial intelligence (AI) in user practice

2021 ◽  
Vol 3 (10) ◽  
Author(s):  
Bianca Weber-Lewerenz
Keyword(s):  
Artificial Intelligence ◽  
Business Models ◽  
Research Question ◽  
Transformation Process ◽  
Digital Transformation ◽  
Fundamental Rights ◽  
Ethical Framework ◽  
Ethical Guidelines ◽  
Ethical Perspective ◽  
Construction Engineering

AbstractDigitization is developing fast and has become a powerful tool for digital planning, construction and operations, for instance digital twins. Now is the right time for constructive approaches and to apply ethics-by-design in order to develop and implement a safe and efficient artificial intelligence (AI) application. So far, no study has addressed the key research question: Where can corporate digital responsibility (CDR) be allocated, and how shall an adequate ethical framework be designed to support digital innovations in order to make full use of the potentials of digitization and AI? Therefore, the research on how best practices meet their corporate responsibility in the digital transformation process and the requirements of the EU for trustworthy AI and its human-friendly use is essential. Its transformation bears a high potential for companies, is critical for success and thus, requires responsible handling. This study generates data by conducting case studies and interviewing experts as part of the qualitative method to win profound insights into applied practice. It provides an assessment of demands stated in the Sustainable Development Goals by the United Nations (SDGs), White Papers on AI by international institutions, European Commission and German Government requesting the consideration and protection of values and fundamental rights, the careful demarcation between machine (artificial) and human intelligence and the careful use of such technologies. The study discusses digitization and the impacts of AI in construction engineering from an ethical perspective. This research critically evaluates opportunities and risks concerning CDR in construction industry. To the author’s knowledge, no study has set out to investigate how CDR in construction could be conceptualized, especially in relation to digitization and AI, to mitigate digital transformation both in large, medium- and small-sized companies. This study applies a holistic, interdisciplinary, inclusive approach to provide guidelines for orientation and examine benefits as well as risks of AI. Furthermore, the goal is to define ethical principles which are key for success, resource-cost-time efficiency and sustainability using digital technologies and AI in construction engineering to enhance digital transformation. This study concludes that innovative corporate organizations starting new business models are more likely to succeed than those dominated by a more conservative, traditional attitude.

scholarly journals The Dawn for a New Antitrust Law Framework for Digital Platforms, Evidence from an Empirical Comparative Analysis of EU Antitrust Decisions

2020 ◽  
Vol 6 (3) ◽  
pp. 959-974
Author(s):  
Shahzada Aamir Mushtaq ◽  
Fariha Sabahat ◽  
Huma Rao
Keyword(s):  
Data Protection ◽  
Digital Economy ◽  
Antitrust Law ◽  
The European Union ◽  
Digital Platforms ◽  
Industrial Economy ◽  
Market Participants ◽  
New Concepts ◽  
Consumer Data ◽  
Critical Resource

The Digital platforms are a unique creation of the late 20th and early 21st centuries. The digital economy may have replaced the industrial economy, but the rules created to oversee the fair operation of the industrial economy have not kept pace with that evolution. The digitalization of the economy with consumer data as a new critical resource is an advancement of a technological revolution which needs an adaptation of regulatory framework for markets and the world economy. This paper analyzed the privacy and data protection concerns in the digital economy from an economic perspective of small and medium-sized enterprises. The tech giants, by controlling user's data are exploiting it for their own commercial benefits and inflicting the threats to the privacy of users.  This paper intends to shed light that it's not enough to look for policy solutions only within the competition or data protection law. Rather an integrated move from various regulatory perspectives is necessary. Therefore, the article focuses that the formalistic approach to article 101 and 102 of TFEU (Treaty On The Functioning OF The European Union which the EU Commission usually adopted as an effects-based approach) to counter exploitative, exclusionary practices, and potential harm to consumers is efficacious to regulate the digital platforms. Furthermore, this research presses the necessity of how the abusive conduct of data-driven entrants be regularized by forwarding the new concepts of antitrust law and its effective enforcement across the globe. The digital platforms have fundamentally changed the ways we interact with news, with each other, and with governments and business. Digital platforms act as intermediaries which connect two or more market participants via the platform and simplify their interaction.

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