Competition Law for the Digital Economy

'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

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

Contents: Preface PART I GENERAL PERSPECTIVES ON COMPETITION POLICY AND THE APPLICATION OF TRADITIONAL TOOLS FOR THE DIGITAL ECONOMY 1 Regulating competition in the digital economy 2 Bjoern Lundqvist 2 Taming the shrew: is there a need for a new market power definition for the digital economy? 29 Hedvig K. Schmidt 3 Competition at the dawn of artificial intelligence 71 Robin C. Feldman and Nick Thieme 4 Competition by design 93 Simonetta Vezzoso PART II CONDUCT THAT VIOLATES ANTITRUST AND THE INTERFACE BETWEEN DATA PROTECTION RULES, OTHER SECTOR-SPECIFIC RULES, AND COMPETITION LAW 5 Privacy-as-a-quality parameter of competition 126 Samson Y. Esayas 6 How to measure privacy-related consumer harm in merger analysis? 173 Elias Deutscher 7 Regulation complementing EU competition law in the digital economy 212 Juha Vesala 8 Online platforms and the Japan Fair Trade Commission: the DeNA case as an example of early market intervention 231 Steven Van Uytsel and Yoshiteru Uemura 9 The European Commission's decision in Google Search 264 Konstantina Bania PART III REMEDIES TO BE IMPOSED IN CASE OF RESTRICTION ON DIGITAL MARKETS 10 Consent-based case resolution 303 Katharina Voss 11 Antitrust governance in an era of rapid change 325 Stavros Makris Index 365