A vocabulary for conversing about entrepreneurship, innovation, and antitrust

A. Foer, here.

First Draft! Online Platforms, Rate Parity, and the Free Riding Defence

S. Vezzoso (this blog's author), here.

Abstract: A two-sided platform business is a new type of intermediary to be found in a growing number of economic sectors. As to the hospitability industry in particular, recent innovations in the field of digital technologies prompted the rise of so called Online Travel Agents (OTAs) and the demise of the traditional merchant model.
Recently national competition authorities (NCAs) in the EU investigated so called rate parity clauses in the contracts between the three largest OTAs and their hotel partners. These are contract clauses laying down the hotelier’s obligation to display the same room prices across sales channels. The parallel investigations conducted by the NCAs revealed an array of serious anticompetitive effects stemming from rate parity obligations. While the German NCA concluded that there was insufficient evidence of the efficiency gains of these clauses, and therefore decided to prohibit them, the French, Italian and Swedish NCAs implicitly recognised that some level of protection against free-riding was necessary, and accepted commitments to reduce the scope of the rate parity obligation.
The hotel online booking cases were closely followed in the EU and beyond, since they could help clarify a number of key assessment issues concerning a category of commercial practices already widely spread in online markets. In-depth analyses of the NCAs’ findings are now needed, especially in view of the promotion of an effective antitrust-based platform regulation. In particular, this article explores some of the challenges related to the application of the traditional free-riding defence to rate parity obligations.

Yandex vs Google: Decision on Fines

FAS, here

L’Open Internet Project veut canaliser Google via la loi numérique

ITEspresso, ici.

The Gig Economy

OECD Development Centre, here

Net Neutrality Rules Will Make Winners and Losers Out of Businesses

S. Greenstein, M. Peitz, T. Valletti, here.

Hillary Clinton’s Initiative on Technology & Innovation

HillaryClinton.com, here

Google bittet Sie um mehr persönliche Daten

Heise.de, hier.

Supreme Court agrees to review ATM fee antitrust lawsuit

Bloomberg, Here.

Digital Markets, Data, and Privacy: Competition Law, Consumer Law, and Data Protection

W. Kerber, Here.

The Economics of Mergers and Innovation: The Challenge for Competition Policy with Application to Pharmaceuticals

J. Kwoka, here

Innovation as a Parameter of Competition and its Implications for Competition Law Application

J. Drexl, here

Brexit Leads U.K. Lawyers to Seek Solace in Irish Bar

Bloomberg, here

South Korea antitrust regulator says investigating Apple on 'some matters'

Reuters, here

The ultimate Brexit Song

"It Doesn't Have To Be", Erasure, Video here.

You are one side
And I am on the other
Are we divided?

You are one side
I am on the other
Are we divided?
Why can't we live together
There are no rights
This isn't your decision
We need to talk of changing things
But no one wants to listen
It doesn't have to be like that
It doesn't have to be like that
It doesn't have to be like that

A heart on the inside
The same as any other
Are we divided?
Someone always has to suffer
We are broken
There's no one left to change it
Is that the way it has to be?
Why can't we rearrange it?
It doesn't have to be like that (One against one)
It doesn't have to be like that (One against one)
It doesn't have to be like that

Alava mo ja na me me limbaniango limbaniago
Zimbabwe abo naga na me me limbaniango limbaniago
Alava mo ja na me me limbaniango limbaniago
Zimbabwe abo naga na me me limbaniango limbaniago

What is the secret
In calling me a brother?
Are we divided?
Always one against the other
We are strong now
Put down the ammunition
For what we know is right
Is gonna breakdown this division
It doesn't have to be like that (One against one)
It doesn't have to be like that (One against one)
It doesn't have to be like that (One against one)
(One against one)
It doesn't have to be like that (One against one)
(One against one)
It doesn't have to be like that

You are one side
And I am on the other
Are we divided?

OECD Ministerial Declaration on the Digital Economy (”Cancún Declaration”)


Data May Be Key in Microsoft-LinkedIn Probe, EU’s Vestager Says

Bloomberg, here

How to boost FinTech’s contribution to competition

ACM, here

FinTech’s Bright Future Marred by Hype

D. Evans and R. Schmalensee, here

Efficiency Claims: What’s New?

Symposium, here

Regulatory Challenges in Digital Markets: Privacy

BCCP Conference and Policy Forum 2016, Programme here; Livestream here

Data portability among online platforms

B. Engels, here

Guns, Limbs, and Toys: What Future for 3D Printing?

A. Thierer, A. Marcus, here

New data on what connected cars are tracking

FiaRegion1, here

Journalism is getting personal: latest trends from the digital front line

Polis, here

Secrets of the Sharing Economy

Bloomberg, here

AG Szpunar says that time-limited e-lending is allowed under EU law and interpretation of copyright norms must evolve with technology

IPKat, here

The Antitrust and Intellectual Property Intersection in European Union Law

N. Petit, here

Competition is Messy: Merger Challenges

B. Baer, here

Competition, innovation, and legal services

FTC, here

Publishers in the copyright value chain

European Copyright Society, here.

Marktmacht von Plattformen und Netzwerken

Bundeskartellamt (6. Beschlussabteilung / Think Tank Internet), Arbeitspapier, hier (148 Seiten).

Einstweilige Verfügung für Euroleague Basketball

Gleiss Lutz, hier.
Beschluss hier.

Lufthansa hits back after being reported to US regulator over surcharge discussion

Tnooz, here

Informe económico sobre las restricciones a la competencia incluidas en materia de vehículos de alquiler con conductor

CNMC, aquì

On Human Dignity as a Foundation for the Right to Privacy

L. Floridi, here

Regulation on Interchange Fees

EC, here

Grünbuch Digitale Platformen

BMWi, hier

Behavioral Economics in the Classroom

D. Laibson and J. List, here.

The CMA alleges that Ping has breached UK and EU competition law by operating an online sales ban

Press Release, here.
"Bans on internet trading can be a problem if they seek to prevent retailers reaching a significant proportion of customers. We will now consider any justifications put forward by Ping for the alleged conduct".

Fair compensation cannot be financed by a budgetary scheme such as that established in Spain

Case C-470/14, EGEDA. Press Release here

International Antitrust Enforcement: China and Beyond

T. Horton, here

Google is offering app developers the same revenue sharing terms Apple just announced — with one big advantage

Recode, here.

Expedia’s first bot is for booking hotels

VentureBeat, here.

Oracle v. Google

Order, here.

The role of economics in merger analysis: what can John Oliver teach us?

D. Gelfand (US DoJ), here

El TSJM tumba el decreto ‘anti-Airbnb’ de la Comunidad de Madrid

Sabemos, aquì.

Our public institutions need fair use laws

Smh.com.au, here

Freedom of expression and the private sector in the digital age

UN Special Rapporteur on freedom of expression to the Human Rights Council, here (Word).
List of submissions, here

The API Industry Supply Value Chain

APIDays, here

Copyright Office Opens Inquiry on Digital Rights for Libraries

Copyrightandtechnology.com, here

Stop the Bots From Killing Broadway

NYTimes, here.
See also here.

A complete list of all the ride-hail, auto and tech companies that have joined forces

Recode, here.

Voici à quoi ressemble l'ensemble des trajets européens de BlaBlaCar en une journée

LeFigaro,  Ici.

Taxi Messenger: Taxi-Bestellung jetzt auch über den Facebook Messenger

Heise.de, hier.

How 16 Companies are Dominating the World’s Google Search Results

ViperChill, here.

IAB Crumbles on legality of AdBlock Detection

Privacy-news, here.

Artificial Intelligence and the Law

BBC Radio 4, Podcast here.

Uber fait le plein d’annonces pour séduire ses chauffeurs

Numerama, ici

Who Owns Blockchain-Based Assets? An English Legal Analysis

M. Lavy and D. Khoo, here

Gestione collettiva dei diritti d’autore e dei diritti connessi e concessione di licenze multiterritoriali per i diritti su opere musicali per l’uso online nel mercato interno

AGCM, qui.

"L’Autorità ritiene che, in un contesto economico caratterizzato da profondi cambiamenti tecnologici, la mancata apertura del mercato nazionale della gestione dei diritti d’autore limita la libertà d’iniziativa economica degli operatori e la libertà di scelta degli utilizzatori. A suo parere, il mantenimento del monopolio legale appare in contrasto con l’obiettivo di rendere effettiva la libertà dei titolari del diritto di effettuare una scelta tra una pluralità di operatori in grado di competere con l’incumbent senza discriminazioni." 

Mobile Advertising: Economics, Evolution and Policy

D. Evans, here


K. Matsuda, Video here

Digital Matching Firms: A New Definition in the “Sharing Economy” Space

ESA, here.

EU’s forthcoming Net Neutrality rules Leaked: Here’s The Good, the Bad and the Ugly

Netzpolitik, here

Main Provisions and Benefits of the Marrakesh Treaty (2013)

WIPO, here

Awkward Conversation With Facebook

D. Carroll, here

Working together to support fair competition worldwide

M. Vestager, here

An Economic Policy Perspective on Online Platforms

B. Martens (JRC Science Hub), here.

"This report is based on the findings and conclusions that can be drawn from existing economic research literature and evidence; it does not present any new evidence. However, it is not meant to provide an exhaustive economic literature review on platforms; it focuses only on a limited number of issues that may be relevant from a regulatory policy perspective. It focuses on potential market failures in digital platforms and examines to what extent existing regulatory tools and self-regulation in platforms can address these failures, or whether there is a need for additional regulatory intervention."

European Commission Announces eCommerce Package

Cooley, here

There is no Open Science without the use of open standards and Free Software

Blog.3rik.cc, here

You should go check Facebook's new privacy settings ASAP

Wired, here

Économie de partage : des assureurs se disent prêts

Journal-assurance.ca, ici.

Madonna Gets Victory Over 'Vogue' Sample at Appeals Court

Billboard, here.
Decision here

Economía colaborativa: 1.150 respuestas a nuestras recomendaciones

CNMC, aquì

Companies once thought they’d make big money off big data–now it’s their biggest liability

QZ.com, here

Market-Based Finance: Its Contributions and Emerging Issues

FCA, here

Setting the record straight on privacy dimensions in big data

K. El Emam, here

Algorithms: The Future That Already Happened

Lareviewofbooks.org, here

Algorithms and competition

M. Vestager, here . Large friendly letters? "It's true that the idea of automated systems getting together and reaching a...