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.
The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.
Cauffman, Caroline: - Caroline Cauffman is Associate Professor of Private, Competition and Consumer Law at Maastricht University, the Netherlands, a Visiting Professor at the University of Hasselt, Belgium, a member of the Flying Faculty at the China-EU School of Law, an assessor at the Belgian competition authority and a lawyer.
Sanders, Anselm Kamperman: - Anselm Kamperman Sanders is Professor of Intellectual Property Law at Maastricht University, the Netherlands. He is Director of the Advanced Masters Intellectual Property Law and Knowledge Management (IPKM LLM/MSc), and Academic Director of the Institute for Globalization and International Regulation (IGIR) at Maastricht University, the Netherlands. He sits as deputy judge in the Court of Appeal, The Hague, which has exclusive jurisdiction over patent disputes.
Tyagi, Kalpana: - Kalpana Tyagi is Assistant Professor of Intellectual Property and Competition Law in the European and International Law Department at Maastricht University, the Netherlands. She holds a multidisciplinary PhD (summa cum laude) from the Max Planck Institute for Innovation and Competition, Munich, Germany. She has worked across the UK with a London-based third-party funder, in Switzerland, at the International Telecommunications Union, Geneva. In Denmark, she helped develop the Center for Law & Digitalisation at Aarhus University, where she worked on emerging technologies, such as Artificial Intelligence and blockchain technology.
