Competition Law for the Digital Economy

Edited by Björn Lundqvist, Stockholm University, Sweden and Michal S. Gal, Professor and Director, Center for Law and Technology, University of Haifa, Israel

'This exceptional compilation addresses the major topics occupying the minds of competition law experts around the world today. Questions regarding the adequacy of competition law to respond to the challenges of digital markets are subjected to rigorous and original analysis by leading scholars in an important and fresh contribution to the literature. Big data, privacy, artificial intelligence, platforms and enforcement approaches are all placed under the microscope. A must-read to get across the critical issues facing competition in a digital economy.'--Caron Beaton-Wells, University of Melbourne, Australia'This very important and exciting volume addresses virtually all of the phases of competition law and policy in the digital economy. The volume brings together the research and thinking of scholars, both emerging and established, from around the world. The chapters give penetrating analyses of the major cutting-edge issues that the world is hungry to understand, including access to data, do the digital behemoths have market power, is data privacy a competition dimension, how to analyze big data acquisitions of start-ups, and what remedies fit the new digital market problems?'--Eleanor Fox, New York University, US

• Contents:Preface PART I GENERAL PERSPECTIVES ON COMPETITION POLICY AND THE APPLICATION OF TRADITIONAL TOOLS FOR THE DIGITAL ECONOMY1 Regulating competition in the digital economy 2Björn Lundqvist2 Taming the shrew: is there a need for a new market power definition for the digital economy? 29Hedvig K. Schmidt3 Competition at the dawn of artificial intelligence 71Robin C. Feldman and Nick Thieme4 Competition by design 93Simonetta VezzosoPART II CONDUCT THAT VIOLATES ANTITRUST AND THE INTERFACE BETWEEN DATA PROTECTION RULES, OTHER SECTOR-SPECIFIC RULES, AND COMPETITION LAW5 Privacy-as-a-quality parameter of competition 126Samson Y. Esayas6 How to measure privacy-related consumer harm in merger analysis? 173Elias Deutscher7 Regulation complementing EU competition law in the digital economy 212Juha Vesala8 Online platforms and the Japan Fair Trade Commission: the DeNA case as an example of early market intervention 231Steven Van Uytsel and Yoshiteru Uemura9 The European Commission’s decision in Google Search 264Konstantina BaniaPART III REMEDIES TO BE IMPOSED IN CASE OF RESTRICTION ON DIGITAL MARKETS10 Consent-based case resolution 303Katharina Voss11 Antitrust governance in an era of rapid change 325Stavros MakrisIndex 365