Monday, April 27, 2020

Supreme Court Says States Cannot Copyright Official Code Annotations

EPIC, here

The ethics of artificial intelligence: Issues and initiatives

Study for the EP, here

HHS Finalizes Historic Rules to Provide Patients More Control of Their Health Data

Here

Chinese company CRRC can acquire Vossloh’s shunter division

Bundeskartellamt, here

BIG DATA AS AN ANTITRUST ISSUE

ABA, with Andreas Mundt et al., here (at 00:19:12);
-- Mundt: German essential facilities doctrine's restyling at 00:38:39 (the Scandlines saga escalated to the Federal Supreme Court, see here);
--Swire: data sharing defined as "wholesale portability" 00:43:25; HHS interoperability here.



Common Issues Relating to the Digital Economy and Competition

IDCTF, here

Avis sur le développement de l'application StopCOVID

Conseil national du numérique, ici

BIG TECH: TOO BIG TO BREAK UP?

ABA Virtual Spring Meeting, here.

Kovacic
- "all of the remedies have side effects" 0:16:33
- lots of hybrids and blurred boundaries between structural and behavioural remedies 0:17:22 -
- in praise of the UK market investigation regime (heard already from @Vestager)
- "market power by itself" (55:36) - or going back to the roots, if I may add.
- humbling: in some instances, you don't know what the effects of the case and remedies are going to be for many years to come (decades!) (1:05:30) "I'm not sure and I'm not sure when" (1:06);
- Judge Jackson (Microsoft case) on remedies: 1 morning (1:10:02);
- "We suffered from a badly cramped and distorted debate about what consumer welfare means" (1:20:27) ;


Banasevic (*interesting*question, he repeats)
- in some instances, "the harm can materialize in such a way that there is no way back once the harm has reached a certain point" (36:50)
- not a fan of the attention market concept (50:00)
- burden of proof or standard of proof, this is the question (51:00) - academic perfection ain't the goal
- The US at times goes further than the EU (examples: Intel, Qualcomm) (1:13: 50)
- complementary regulatory agenda"- "systemic or structural issues...beyond the realm of individual, case by case antitrust enforcement" (1:14:30) -  his Commissioner sounded slightly more resolute and engaged, if I may ;-), here (1:00:48);
- "...days, weeks, and months" (1:15:26) - not YEARS, hopefully @EU_Competition;
- mentioning a "thread" from Microsoft to Google re remedies (1:17:10) - or is it more of a pernicious form of "path dependency"?
- ongoing Amazon case: "the data advantage that Amazon Retail has compared to rivals to compete on Amazon Marketplace is an example perhaps of the issue that given the greater importance of data might be more prevalent in platform markets in the future...Linked to that is artificial intelligence." *Interesting" would be to call AI a buzzword.

Ohlhausen
- "doing better than the other guy is now suspect" (54:19); "companies that looked unassailable at one point have fallen off from that pinnacle" (1.19:25), etc.: The strange case of the US antitrust regime.






ENFORCERS ROUNDTABLE

ABA Spring Meeting, here

MERGER ANALYSIS GONE DIGITAL: TIME TO REBOOT?

Our Curious Amalgam Podcast, here.

- Illumina/PacBio mentioned by Shapiro, here (CMA's file here);
- Carl Shapiro combining an ex ante regulatory approach with a stricter M&A regime (59:26) - the latter not at all pandemic related, in case you were wondering;
- Results from FTC Issues 6(b) Orders (here), soon. 

Google Ads by Adlc in English

Here

Covid-19 has blown apart the myth of Silicon Valley innovation

MIT Technology Review, here.

Embedded supervision: How to regulate Libra 2.0 and the token economy

R. Auer, here.

Avis sur un projet d’application mobile dénommée « StopCovid

CNIL, ici