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Emerging out of the collaborative work conducted within the Working Group "Mechanisms to activate and support the collaborative economy" of the COST Action "From Sharing to Caring: Examining Socio-Technical Aspects of the Collaborative Economy", the book questions the varied set of organizational forms collected under the label of "collaborative" or "sharing" economy --ranging from grassroots peer-to-peer solidarity initiatives to corporate owned platforms-- from the perspective of what is known as the European social values: respect for human dignity and human rights (including those of minorities), freedom, democracy, equality, and the rule of law. Therefore, the edited collection focuses on the governance of such economic activities, and how they organize labour, cooperation and social life. From individual motivations to participating, to platform use by local groups, until platform design in its political as well as technological dimensions, the book provides a comparative overview and critical discussion on the processes, narratives and organizational models at play in the collaborative economy. On such a basis, the volume offers tools, suggestions and visions for the future that may inform the designing of policies, technologies, and business models in Europe.
All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
The European Union is in a state of revolution. In response to new global realities from the climate crisis to the Covid-19 pandemic, the war in Ukraine to the emerging cold war with China, the EU is transforming into a federal superpower in a new world order. In this timely intervention, Marc De Vos gets to the heart of the challenges facing the European Union as it undergoes this silent revolution. Charting its changing mission and identity from a European community into a geostrategic coalition of Eurasian countries; from a union of values into a union of power; and from a market project into a state project, he exposes what’s at stake for both the EU itself and its partners across the world. But retaining this new superpower status, he cautions, is not a given. The European Union’s de facto metamorphosis must mature into a democratic political structure or it risks a crisis of legitimacy that could ultimately threaten the stability of the European Union itself.
Applying the provisions of the European Union Value Added Tax (EU VAT) Directive poses challenges when applied to the digital platform economy. Recent responses to these challenges revolve around the deemed supplier regime introduced by the so-called e-commerce package, and this regime is thus the focus of this indispensable work, the first to provide an in-depth analysis of the regime, its background and scope, its interpretation, and its application in practice. In its detailed examination of how digital platforms that enable supplies of goods through their interfaces are treated for VAT purposes under EU law, the author elucidates such topics and issues as the following: The qualification of the sale of goods through platforms; supply of the platform service to the underlying supplier; supply of the platform service to the customer; supply of goods from the underlying supplier to the customer; supplies from third countries; the Organisation for Economic Co-operation and Development (OECD) proposal’s influence on the interpretation of the EU e-commerce package; chain transactions; determination of the place of supply; chargeable event and chargeability of VAT; taxable amount; applicable rates and exemptions; platform’s recordkeeping obligations; accompanying customs measures; return of goods and warranty cases; and future of effective and efficient VAT collection. The author also undertakes a detailed analysis of a potential infringement of the principle of equality, neutrality, and the right to conduct a business. Fully taking into consideration the case law of the CJEU, administrative practice, and the relevant academic literature, the author’s research reveals the weaknesses, opportunities, and limits for Member States’ implementation of EU VAT law. The upshot is an important work that promises to make the EU VAT system more fraud-resistant, simplify compliance obligations, enforce the principle of neutrality, and reduce distortion of competition. The book will be of immeasurable value to any practitioner and policymaker approaching any case involving the deemed supplier regime for digital platforms with full awareness of the applicable rules.
In the wake of the financial and economic crisis, the trade unions face unprecedented challenges. While the European powers that be are blatantly coordinating the advent of national and European austerity policies, entailing drastic consequences for workers and the weaker members of society, the trade unions are set to mobilize their forces. The authors describe and illustrate various facets of this new situation. What role is played by economic governance? Does co-determination still have a chance? Is belief in market forces already firmly entrenched or can ways still be found of strengthening social rights? Do the European umbrella organisations pay obeisance to the official European bodies or are they mobilizing to bring about a serious change of course, to find the road to an alternative Europe?
Overthrowing communism in 1989 and joining the European Union in 2004, the Polish people hold loyalties to region, country and now continent – even as the definition of what it means to be ‘European’ remains unclear. Paying particular attention to those who came of age in the earliest years of the neoliberal and democratic transformations, this book uses the life-story narratives of rural and urban southern Poles to reveal how ‘being European’ is considered a fundamental component of ‘being Polish’ while participants are simultaneously ‘becoming European’. Ultimately, this study demonstrates how the EU is regarded as both an idea and an instrument, and how ordinary citizens make choices that influence the shape of European identity and the legitimacy of its institutions.
The papers in this anthology provide an up-to-date survey of trends in Bell Beaker research, with a focus on western and northern Europe, as well as developments in the northern and eastern Scandinavian and Baltic regions.
Across the world, regulators and policy makers are grappling with how to establish a competitive, safe and fair online environment that also safeguards users’ fundamental rights as citizens. Ahead of the European Commission’s Digital Markets Act (DMA), this book “Digital markets and online platforms: new perspectives on regulation and competition law“, presents CERRE’s latest contribution to the debate with concrete policy recommendations. Together, the policy recommendations in this book present a roadmap that should be pursued for EU policy makers to safeguard competition and innovation in digital platform markets. They can be organised into three key areas for action: (i) More effective enforcement, (ii) increased transparency and switching easiness, and (iii) providing access to key innovation capabilities. “The need to safeguard fair and vibrant competition, which is also seen as an important driving factor for innovation, is nothing new for policy makers. However, the characteristics and complexities of digital markets have challenged some of the traditional approaches.” – Jan Krämer, editor of the book and CERRE Academic Co-Director The book’s recommendations highlight that platform transparency and associated data collection by authorities, as well as data sharing by platforms (initiated through consumers or authorities), are the two most important overarching policy measures for platform markets in the near future. They facilitate enforcement, consumer choice, and innovation capabilities in the digital economy. The contents of this book were presented and debated during a CERRE live debate with guest speakers Anne Yvrande-Billon (Arcep’s Director of Economic, Market and Digital Affairs), MEP Stéphanie Yon-Courtin (Vice-President of the European Parliament’s Committee on Economic and Monetary Affairs) and Javier Espinoza (Financial Times’ EU Correspondent covering competition and digital policy).
In many economic sectors – the digital industries being first and foremost – the market power of dominant firms has been steadily increasing and is rarely challenged by competitors. Existing competition laws and regulations have been unable to make markets more contestable. The book argues that a new competition tool is needed: market investigations. This tool allows authorities to intervene in markets which do not function as they should, due to market features such as network effects, scale economies, switching costs, and behavioural biases. The book explains the role of market investigations, assesses their use in the few jurisdictions where they exist, and discusses how they should be designed. In so doing, it provides an invaluable and timely instrument to both practitioners and academics.
This edited volume brings together leading authors and actors in EU internal market law and policy, revisiting the classic themes in a contemporary context and considering (re-)directions for the future. The EU would not be where and what it is today without its internal market. It is the cradle of the EU's most important legal doctrines and the source of the most significant amount of European integration. And, as Brexit has underlined, it remains the primary political reason for EU membership. Considering the well-established and fundamental nature of internal market law, it is striking to find many crucial doctrinal questions still unanswered today, as explored by this book. Furthermore, these questions now find a new legal, social and political context: one that is acutely aware of the contested nature of the EU and its policies and the need to embed the internal market project in a broader setting of constitutional norms and values. This need is made all the more pressing by the rapidly changing and often disruptive technological context. The various contributions to this book contribute to finding a new direction for continued European integration in changing times, by rethinking, and where necessary reinventing, the role and purpose of this area that remains the EU's beating heart.