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Digital Platforms, Competition Law, and Regulation : Comparative Perspectives / edited by Kalpana Tyagi ; Anselm Kamperman Sanders and Caroline Cauffman.

Contributor(s): Publisher: Oxford : Hart Publishing, 2024Copyright date: ©2024Description: xxiii, 271 pages ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9781509969388
  • 1509969381
Subject(s): Additional physical formats: Electronic version:: Digital Platforms, Competition Law, and Regulation.Online resources:
Contents:
Introduction: Regulating Digital Platforms: Shall We, Shall We Not? / Kalpana Tyagi -- Part I. Digitalisation and the EU's Regulatory Response -- The Notion of Abuse: Cues from the Italian FBA Amazon Case / Federico Ghezzi and Mariateresa Maggiolini -- The Digital Markets Act: Tailoring the Tailors / Oles Andriychuk -- Assessing Geo-Blocking as a Tool to Prevent the Risk of Being Sued in EU Member States for Cross-Border Copyright Infringements: a Plea for the "Directed Activities" Approach to Jurisdiction / Birgit van Houtert -- Access to Data, Databases, and Algorithms in the Digital Markets Act and the Digital Services Act / Joanna Mazur -- Part II. Global Responses to Digitalisation -- Are Data Spaces a "Silver Bullet" for the EU Data Economy? / Margherita Corrado and Laura Zoboli -- Algorithmic Transparency in Rankings: Balancing Intellectual Property Rights and Disclosures in the EU and India / Pratiksha Ashok -- Regulating Digital Platforms: Intermediary Liability and Content Moderation in Copyright Enforcement / Subhashish Gupta and Sneha Mehta -- Challenges to Competition and Innovation in Digital Markets: Insights from Latin American Cases / Juan David GutiƩrrez and Manuel Abarca -- Regulation of the Digital Markets in the UK, US and the EU: Context, Criteria, Containment, and Beyond / Mehmet Bilal Unver -- Assessment of AI-enabled Price Discrimination under Competition Law in China / Qian Li and Niels Philipsen -- US Competition Law in Digital Markets / Allen P Grunes and Rosa L Baum -- Part III. Summary -- Content, Competition, and Data: Ex ante Regulation to Make Digital Markets Contestable / Kalpana Tyagi
Summary: "This open access book offers a comparative and inter-disciplinary perspective on the unique competition law challenges presented by the converged digital markets. Following the digitalisation of even the most traditional bricks-and-mortar sectors of the economy, a well-functioning internal market can only be guaranteed by ensuring the competitiveness of the digital markets. What role do intellectual property law and competition law play in this digital world? How can a more economic analysis strengthen innovation policies to achieve a truly competitive digital single market? The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe but in other jurisdictions too, may fall short. It addresses an array of procedural, substantive and other issues that are generating intense debate across the antitrust community. This includes the scope and objectives of digital regulation, whether the application of ex-ante rules would result in fragmentation and inconsistencies, and whether such regulatory regimes are an appropriate tool for substantive assessment. The book explores whether the application of these rules would effectively tackle the competition enforcement challenges seen under the competition laws, whether they can be applied without undermining other rights such as privacy, and whether they are appropriate for this digital age as well as the new digital era ahead of us. Part 1 offers a detailed inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act. Part 2 offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators." -- Back cover
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Open Access Books - Publishers National Law School Available OABP657

Includes bibliographical references and index.

Introduction: Regulating Digital Platforms: Shall We, Shall We Not? / Kalpana Tyagi -- Part I. Digitalisation and the EU's Regulatory Response -- The Notion of Abuse: Cues from the Italian FBA Amazon Case / Federico Ghezzi and Mariateresa Maggiolini -- The Digital Markets Act: Tailoring the Tailors / Oles Andriychuk -- Assessing Geo-Blocking as a Tool to Prevent the Risk of Being Sued in EU Member States for Cross-Border Copyright Infringements: a Plea for the "Directed Activities" Approach to Jurisdiction / Birgit van Houtert -- Access to Data, Databases, and Algorithms in the Digital Markets Act and the Digital Services Act / Joanna Mazur -- Part II. Global Responses to Digitalisation -- Are Data Spaces a "Silver Bullet" for the EU Data Economy? / Margherita Corrado and Laura Zoboli -- Algorithmic Transparency in Rankings: Balancing Intellectual Property Rights and Disclosures in the EU and India / Pratiksha Ashok -- Regulating Digital Platforms: Intermediary Liability and Content Moderation in Copyright Enforcement / Subhashish Gupta and Sneha Mehta -- Challenges to Competition and Innovation in Digital Markets: Insights from Latin American Cases / Juan David GutiƩrrez and Manuel Abarca -- Regulation of the Digital Markets in the UK, US and the EU: Context, Criteria, Containment, and Beyond / Mehmet Bilal Unver -- Assessment of AI-enabled Price Discrimination under Competition Law in China / Qian Li and Niels Philipsen -- US Competition Law in Digital Markets / Allen P Grunes and Rosa L Baum -- Part III. Summary -- Content, Competition, and Data: Ex ante Regulation to Make Digital Markets Contestable / Kalpana Tyagi

"This open access book offers a comparative and inter-disciplinary perspective on the unique competition law challenges presented by the converged digital markets. Following the digitalisation of even the most traditional bricks-and-mortar sectors of the economy, a well-functioning internal market can only be guaranteed by ensuring the competitiveness of the digital markets. What role do intellectual property law and competition law play in this digital world? How can a more economic analysis strengthen innovation policies to achieve a truly competitive digital single market? The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe but in other jurisdictions too, may fall short. It addresses an array of procedural, substantive and other issues that are generating intense debate across the antitrust community. This includes the scope and objectives of digital regulation, whether the application of ex-ante rules would result in fragmentation and inconsistencies, and whether such regulatory regimes are an appropriate tool for substantive assessment. The book explores whether the application of these rules would effectively tackle the competition enforcement challenges seen under the competition laws, whether they can be applied without undermining other rights such as privacy, and whether they are appropriate for this digital age as well as the new digital era ahead of us. Part 1 offers a detailed inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act. Part 2 offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators." -- Back cover

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