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This article is a case for reorienting many antitrust investigations -- and more generally regulatory approaches -- to focus on how control of personal data by corporations can entrench monopoly power in an economy shaped increasingly by the power of "big data." The core source of value being delivered to advertisers by a company like Google (as with many "new media" companies) is the ability to target users with ads because of its dominant control of databases of user personal data. As section II of this article will argue, what is largely missed in analyses defending Google from antitrust action is how that ever expanding control of user personal data and its critical value to online advertisers creates an insurmountable barrier to entry for new competition. And, contra the idea that Google just inherited that business advantage through its innovation in search engine technology, section III of this article will detail how Google has aggressively expanded its control of user data through expanding into new product sectors to collect additional user data with the intent to use its presence in those other markets to reinforce its core search advertising monopoly. Beyond the general expansion into tied markets for user data, Google's "bad acts" have included multiple violations of the law through invading user privacy in pursuit of control of user data. In section IV, the article proposes remedies that can address Google's dominance in three major ways, separately and in combination: (1) reduce Google's control of overall user data, (2) create a real market for user data by empowering users, and (3) impose public interest obligations on Google to restrain damage to consumer welfare. In section V, the article concludes by noting how issues raised by the article present some fundamental challenges to the Chicago School approach, including highlighting how the lock-in of monopoly in online markets calls for earlier intervention in technology markets and a much broader recognition of how expanding information asymmetry due to data mining undermines the hope that the market itself will curb monopoly abuses in the economy.
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
This Cambridge Handbook, edited by Roger D. Blair and D. Daniel Sokol, brings together a group of world-renowned professors in the fields of law and economics to assess the theory and practice of antitrust, intellectual property, and high tech. With the increased globalization of antitrust, a better understanding of how law and economics shape this interface will help academics, policymakers, and practitioners to understand the existing state of academic literature, its limits, and its relevance to real-world antitrust. The book will be an essential resource for anyone seeking to understand academic and policy considerations shaping the world of antitrust, intellectual property, and high tech.
1. Introduction -- Part I: Theory on abuse of dominance in digital markets -- 2. Introduction to Part I: Theory on abuse of dominance in digital markets -- 3. Information in digital markets -- 4. Characteristics of digital markets and their implications on the assessment of market power -- 5. Dominance of online platforms -- 6. Law on abuse of dominance in digital markets -- Part II: Refusal to give access to information: Case study of google search behaviours -- 7. Introduction to Part II: Refusal to give access to information: Case study of google search behaviours -- 8. Background on the antitrust investigations into google -- 9. Is google dominant? -- 10. Contractual restrictions on the portability and management of online search advertising campaigns across google's adwords and competing platforms -- 11. Search bias as an abuse of dominance -- 12. On the choice of legal procedures and actions for the European commission in google search (shopping) decision -- Part III: Policy recommendations on abuse of dominance by information intermediaries -- 13. Introduction to Part III: Policy recommendations on abuse of dominance by information intermediaries -- 14. Intersection between digital markets and competition law. Problems and practical solutions -- 15. Conclusions -- Index.
Markets run on information. Buyers make decisions by relying on their knowledge of the products available, and sellers decide what to produce based on their understanding of what buyers want. But the distribution of market information has changed, as consumers increasingly turn to sources that act as intermediaries for information—companies like Yelp and Google. Antitrust Law in the New Economy considers a wide range of problems that arise around one aspect of information in the marketplace: its quality. Sellers now have the ability and motivation to distort the truth about their products when they make data available to intermediaries. And intermediaries, in turn, have their own incentives to skew the facts they provide to buyers, both to benefit advertisers and to gain advantages over their competition. Consumer protection law is poorly suited for these problems in the information economy. Antitrust law, designed to regulate powerful firms and prevent collusion among producers, is a better choice. But the current application of antitrust law pays little attention to information quality. Mark Patterson discusses a range of ways in which data can be manipulated for competitive advantage and exploitation of consumers (as happened in the LIBOR scandal), and he considers novel issues like “confusopoly” and sellers’ use of consumers’ personal information in direct selling. Antitrust law can and should be adapted for the information economy, Patterson argues, and he shows how courts can apply antitrust to address today’s problems.
Competition and consumer protection -- The economics of information -- Information and market power -- Agreements on information -- Exclusion by information -- "Confusopoly" and information asymmetries -- Privacy as an information product -- Information and intellectual property -- Restraint of trade and freedom of speech
This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.
Massive amounts of data on human beings can now be analyzed. Pragmatic purposes abound, including selling goods and services, winning political campaigns, and identifying possible terrorists. Yet 'big data' can also be harnessed to serve the public good: scientists can use big data to do research that improves the lives of human beings, improves government services, and reduces taxpayer costs. In order to achieve this goal, researchers must have access to this data - raising important privacy questions. What are the ethical and legal requirements? What are the rules of engagement? What are the best ways to provide access while also protecting confidentiality? Are there reasonable mechanisms to compensate citizens for privacy loss? The goal of this book is to answer some of these questions. The book's authors paint an intellectual landscape that includes legal, economic, and statistical frameworks. The authors also identify new practical approaches that simultaneously maximize the utility of data access while minimizing information risk.
This SPR Departmental Paper will provide policymakers with a framework for studying changes to national data policy frameworks.
One might mistakenly think that the long tradition of economic analysis in antitrust law would mean there is little new to say. Yet the field is surprisingly dynamic and changing. The specially commissioned chapters in this landmark volume offer a rigorous analysis of the field's most current and contentious issues. Focusing on those areas of antitrust economics that are most in flux, leading scholars discuss topics such as: mergers that create unilateral effects or eliminate potential competition; whether market definition is necessary; tying, bundled discounts, and loyalty discounts; a new theory of predatory pricing; assessing vertical price-fixing after Leegin; proving horizontal agreements after Twombly; modern analysis of monopsony power; the economics of antitrust enforcement; international antitrust issues; antitrust in regulated industries; the antitrust-patent intersection; and modern methods for measuring antitrust damages. Students and scholars of law and economics, law practitioners, regulators, and economists with an interest in industrial organization and consulting will find this seminal Handbook an essential and informative resource.