scholarly journals Competition in (data) privacy: ‘zero’-price markets, market power, and the role of competition law

2018 ◽  
Vol 8 (3) ◽  
pp. 181-199
Author(s):  
Samson Y Esayas
Keyword(s):  
Market Power ◽  
Data Privacy ◽  
Competition Law

Market Power Assessment in Digital Markets – A German Perspective

2020 ◽  
Vol 69 (3) ◽  
pp. 233-248
Author(s):  
Lena Mischau
Keyword(s):  
Decision Making ◽  
Market Power ◽  
Competition Law ◽  
New Challenges

Abstract Digitalisation is confronting competition law with a broad range of new challenges. Assessing the market power of businesses in digital markets has proven to be particularly difficult, and German competition law is in an on-going process of reform to address this and other related issues. This paper outlines the most important specific features of digital markets, explains how they affect the assessment of market power, and analyses the role of competition authorities and courts in decision-making.

Exploitative abuses in digital markets: between competition law and data protection law

2020 ◽  
Author(s):  
Miriam Caroline Buiten
Keyword(s):  
Market Power ◽  
Data Protection ◽  
Data Privacy ◽  
Personal Data ◽  
Competition Law ◽  
Privacy Concerns ◽  
Online Platforms ◽  
Data Protection Law ◽  
Collection Practices ◽  
Abuse Of Dominance

Abstract Online platforms increasingly offer consumers services ‘for free’, in exchange for collecting consumers’ personal data. This business model is highly successful, leading some online platforms to gain substantial market power. This market power can cause consumer harm—not through higher prices, but in the form of privacy harm. This article considers what role competition law and data protection law can play in mitigating this harm to privacy. The article considers how we can conceptualize exploitative abuse of dominance cases in zero-price markets. The article calls into question if data protection laws should play a role in antitrust abuse assessments, against the background of the Bundeskartellamt antitrust investigation into Facebook’s data collection practices. The article argues that, even in digital markets that unequivocally link market power with data privacy concerns, competition law and data protection law have complementary but distinct roles to play.

The Effect of Bank Market Power on Economic Growth in Africa: The Role of Institution

2018 ◽  
Author(s):  
Anthony Idun ◽  
Anthony Q. Aboagye ◽  
Godfred Alufar Bokpin
Keyword(s):  
Economic Growth ◽  
Market Power

Health Care Services and EU Competition Law

2020 ◽  
Author(s):  
Okeoghene Odudu
Keyword(s):  
Market Power ◽  
Healthcare Service ◽  
Health Care Services ◽  
Service Providers ◽  
Competition Law ◽  
Healthcare Services ◽  
System Matrix ◽  
Member States ◽  
Eu Member States ◽  
Care Services

This chapter investigates how, within a number of European Union (EU) Member States, competition law has been used to address problems of market power in the healthcare services sector. It summarizes the relevant EU and national competition laws and considers the experience of applying those laws to providers of healthcare services. The chapter is chiefly concerned with healthcare services in England, although examples are drawn for other EU Member States. Examination of the English experience provides a view of the use of competition law to address market power problems in most elements of the health system matrix. The chapter then considers three challenges that emerge from that experience of using competition law to address problems of market power in healthcare service markets. The first challenges the applicability of competition law to healthcare service providers operating in each or every element of the healthcare system matrix. The second, accepting applicability, questions the appropriateness of the substantive rules to healthcare services. The third, a battle of authority and autonomy, considers whether decisions made by healthcare service providers should be subject to external review and the type of review that competition law offers.

Data-driven sector coupling in 5G-based smart networks

2021 ◽  
Vol 22 (1) ◽  
pp. 53-68
Author(s):  
Guenter Knieps
Keyword(s):  
Data Privacy ◽  
Service Providers ◽  
Policy Implications ◽  
Network Industries ◽  
5G Networks ◽  
Privacy And Security ◽  
Open Set ◽  
Application Service ◽  
Downstream Application

5G attains the role of a GPT for an open set of downstream IoT applications in various network industries and within the app economy more generally. Traditionally, sector coupling has been a rather narrow concept focusing on the horizontal synergies of urban system integration in terms of transport, energy, and waste systems, or else the creation of new intermodal markets. The transition toward 5G has fundamentally changed the framing of sector coupling in network industries by underscoring the relevance of differentiating between horizontal and vertical sector coupling. Due to the fixed mobile convergence and the large open set of complementary use cases, 5G has taken on the characteristics of a generalized purpose technology (GPT) in its role as the enabler of a large variety of smart network applications. Due to this vertical relationship, characterized by pervasiveness and innovational complementarities between upstream 5G networks and downstream application sectors, vertical sector coupling between the provider of an upstream GPT and different downstream application industries has acquired particular relevance. In contrast to horizontal sector coupling among different application sectors, the driver of vertical sector coupling is that each of the heterogeneous application sectors requires a critical input from the upstream 5G network provider and combines this with its own downstream technology. Of particular relevance for vertical sector coupling are the innovational complementarities between upstream GPT and downstream application sectors. The focus on vertical sector coupling also has important policy implications. Although the evolution of 5G networks strongly depends on the entrepreneurial, market-driven activities of broadband network operators and application service providers, the future of 5G as a GPT is heavily contingent on the role of frequency management authorities and European regulatory policy with regard to data privacy and security regulations.

Biobanking for Neurodegenerative Diseases: Challenge for Translational Research and Data Privacy

2021 ◽  
pp. 107385842110366
Author(s):  
Emilia Giannella ◽  
Valentino Notarangelo ◽  
Caterina Motta ◽  
Giulia Sancesario
Keyword(s):  
Neurodegenerative Diseases ◽  
Translational Research ◽  
Data Protection ◽  
Biological Samples ◽  
Data Privacy ◽  
Neurological Diseases ◽  
Great Effort ◽  
General Data Protection Regulation ◽  
In Silico Studies

Biobanking has emerged as a strategic challenge to promote knowledge on neurological diseases, by the application of translational research. Due to the inaccessibility of the central nervous system, the advent of biobanks, as structure collecting biospecimens and associated data, are essential to turn experimental results into clinical practice. Findings from basic research, omics sciences, and in silico studies, definitely require validation in clinically well-defined cohorts of patients, even more valuable when longitudinal, or including preclinical and asymptomatic individuals. Finally, collecting biological samples requires a great effort to guarantee respect for transparency and protection of sensitive data of patients and donors. Since the European General Data Protection Regulation 2016/679 has been approved, concerns about the use of data in biomedical research have emerged. In this narrative review, we focus on the essential role of biobanking for translational research on neurodegenerative diseases. Moreover, we address considerations for biological samples and data collection, the importance of standardization in the preanalytical phase, data protection (ethical and legal) and the role of donors in improving research in this field.

Excessive Data Collection as a Form of Anticompetitive Conduct: The German Facebook Case

2021 ◽  
pp. 0003603X2199702
Author(s):  
Anne C. Witt
Keyword(s):  
Data Collection ◽  
Competition Law ◽  
Federal Court ◽  
Digital Platforms ◽  
High Profile ◽  
Court Of Justice ◽  
Federal Court Of Justice ◽  
Constitutional Right ◽  
Abuse Of Dominance

In a high-profile decision of February 6, 2019, the German Federal Cartel Office prohibited Facebook’s data collection policy as an abuse of dominance for infringing its users’ constitutional right to privacy. The case triggered a remarkable interinstitutional dispute between the key players in German competition law. Conflicting rulings by the Düsseldorf Higher Regional Court and the German Federal Court of Justice further illustrate how deeply divided the antitrust community is on the role of competition law in regulating excessive data collection and other novel types of harm caused by dominant digital platforms. This contribution discusses the original prohibition decision, the ensuing court orders, and legislative reform proposals in the broader context of European Union and U.S. competition law.

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