Friday, December 04, 2015
Thursday, December 03, 2015
Copyright Principles and Priorities to Foster a Creative Digital Marketplace
S. Aistars, D. Hartline, & M. Schultz, here.
Wednesday, December 02, 2015
Tuesday, December 01, 2015
Competition Advocacy and Disruptive Innovation: The CMA Writes to the FT
Here.
"...the proposed rules would undo much of what is novel about these businesses.New taxi business models have the potential to increase choice and deliver what passengers want: shorter waiting times, lower prices and increased responsiveness...
Of course there is a role for regulation, especially where safety is an issue. But technologies, such as satellite navigation, cashless payment systems and user ratings platforms, have the potential to overtake the role of regulation, and safeguard consumers by empowering them with information.The guiding principle of a competitive market is that the consumer is in the driving seat. The job of a competition authority, therefore, is to consider the potential benefit to customers from innovations that enable them to exercise choice — and allow businesses, both new and established, to decide how best to meet demand.
"...the proposed rules would undo much of what is novel about these businesses.New taxi business models have the potential to increase choice and deliver what passengers want: shorter waiting times, lower prices and increased responsiveness...
Of course there is a role for regulation, especially where safety is an issue. But technologies, such as satellite navigation, cashless payment systems and user ratings platforms, have the potential to overtake the role of regulation, and safeguard consumers by empowering them with information.The guiding principle of a competitive market is that the consumer is in the driving seat. The job of a competition authority, therefore, is to consider the potential benefit to customers from innovations that enable them to exercise choice — and allow businesses, both new and established, to decide how best to meet demand.
...
Consumers, who often benefit from technological disruption, can struggle to make their voices heard. But watch what they do, and their actions speak loud and clear.
By March this year, 25,000 people in Liverpool had reportedly downloaded the Uber app. The fact that the service had to wait until August to gain the local authority approval that it needed to begin operating might lead you to question how closely consumers’ preferences had been listened to.
This is not just about one company, one technology or one sector of the economy. New companies in every market will stand or fall on their ability to meet consumer demand — and those that succeed will, in turn, eventually be challenged by new business models.
This is how innovation leads to progress. We do not serve the interests of the public or the wider economy if we slam on the brakes."
Monday, November 30, 2015
Using geolocated Twitter traces to infer residence and mobility
UK Office for National Statistics, here.
The Court of Justice Judgment in Post Danmark II: Endgame for the Econ v Forms Controversy in Article 102 TFEU ?
BSC Morning Briefing, Presentations here.
Friday, November 27, 2015
Thursday, November 26, 2015
Bundesgerichtshof zur Haftung von Access-Providern für Urheberrechtsverletzungen Dritter
Urteile vom 26. November 2015 - I ZR 3/14 und I ZR 174/14, hier.
Wednesday, November 25, 2015
Tuesday, November 24, 2015
Reflections on the use of big data and its implications
Essex University, Submission to the 'Big Data Dilemma Inquiry', here.
Monday, November 23, 2015
Superintendência-Geral do Cade instaura processo administrativo contra taxistas no caso Uber
Rebecaslima.jusbrasil.com.br, aqui.
Friday, November 20, 2015
Thursday, November 19, 2015
Wednesday, November 18, 2015
Tuesday, November 17, 2015
Phishing for Phools: The Economics of Manipulation and Deception
Phishing ("an attempt to acquire sensitive information such as usernames, passwords, and credit card details - and sometimes, indirectly, money- often for malicious reasons, by masquerading as a trustworthy entity in an electronic communication").
Phools: not in the Indian sense (flowers in Urdu پھول) - just idiots.
Chinese Anti-Monopoly Guide on Abuse of Intellectual Property Rights: A Comment
K. Wong-Ervin, J. Wright, D. Ginsburg, B. Kobayashi, here.
Examen, au regard des règles de concurrence, des activités de normalisation et de certification
Autorité de la concurrence, Avis du 17 novembre 2015, ici.
Monday, November 16, 2015
Bundeskartellamt leitet Verfahren gegen Audible/Amazon und Apple ein
Bundeskartellamt.de, hier.
ACX marketplace, FAQs, Distribution: "Exclusive to ACX means your finished audiobook will be sold only through Audible, Amazon, and iTunes. Any audiobook made using ACX will be distributed through these online retailers. Note that Audible has an exclusive relationship with iTunes (i.e. to get your product into iTunes' audiobook store, you have to go through Audible)."
ACX marketplace, FAQs, Distribution: "Exclusive to ACX means your finished audiobook will be sold only through Audible, Amazon, and iTunes. Any audiobook made using ACX will be distributed through these online retailers. Note that Audible has an exclusive relationship with iTunes (i.e. to get your product into iTunes' audiobook store, you have to go through Audible)."
Sunday, November 15, 2015
Saturday, November 14, 2015
Friday, November 13, 2015
Thursday, November 12, 2015
Données personnelles, plateformes et concurrence. Quelle régulation par le droit de la concurrence ?
Déjeuner Procédure, Présentations ici.
Proposed guidance for firms outsourcing to the ‘cloud’ and other third-party IT services
UK Financial Conduct Authority, here.
Wednesday, November 11, 2015
Tuesday, November 10, 2015
Monday, November 09, 2015
Competition Policy in International Agreements
EP, Committee on Economic and Monetary Affairs, here.
The EU-U.S. Safe Harbor Agreement on Personal Data Privacy: In Brief
US Congressional Research Service, here.
Friday, November 06, 2015
Thursday, November 05, 2015
The impact of e-commerce on the consumer sector- view from a Bank of England Agent
Bankunderground.co.uk, here.
Wednesday, November 04, 2015
Tuesday, November 03, 2015
Who Knows What About Me? A Survey of Behind the Scenes Personal Data Sharing to Third Parties by Mobile Apps
J. Zang, K. Dummit, J. Graves, P. Lisker, and L. Sweeney, here.
Vertical restraints
International Seminar, Programme here; Videos here.
L. Peeperkorn (38:27)
- intrabrand matters, s. softening of competition;
- advice: pick up newer economic literature;
- RPM: inefficient means to achieve efficiencies;
L. Peeperkorn (38:27)
- intrabrand matters, s. softening of competition;
- advice: pick up newer economic literature;
- RPM: inefficient means to achieve efficiencies;
Monday, November 02, 2015
The ‘Economics of Attention’: A History of Economic Thought Perspective
A. Festré and P. Garrouste, here.
Saturday, October 31, 2015
Friday, October 30, 2015
Zum Gerichtsstand bei kollektiven Kartellschadensersatzklagen
Gerichtshof Amsterdam, Urteil vom 21.7.2015, Geschäftsnummer: 200.156.295/01 - Kemira/CDC, hier.
Thursday, October 29, 2015
Generating innovative and sustainable solutions to social challenges using open data
Open Data Institute and Nesta, here.
Wednesday, October 28, 2015
High-Cost Short-Term Credit Price Comparison Websites
London Economics for the for the UK Financial Conduct
Authority, here.
Tuesday, October 27, 2015
Monday, October 26, 2015
This is what YouTube is telling labels who haven’t agreed its new terms
Musicbusinessworldwide.com, here.
ECJ Judgment in AC-Treuhand (C-194/14 P) – On the scope of Art. 101 (1) TFEU
A. Lamadrid and S. Villiers, here.
Serial offenders: Why some industries seem prone to endemic collusion
Background Note by the OECD Secretariat, here.
The impact of disruptive innovations on competition law enforcement
A. de Streel and P. Larouche for the OECD, here.
Sunday, October 25, 2015
Google ad boss: Ad blockers are 'a blunt instrument and we need to be worried'
Uk.businessinsider.com, here.
Saturday, October 24, 2015
UN Report: Protection of Sources and Whistleblowers
Special Rapporteur tothe UN General Assembly, here.
Friday, October 23, 2015
Thursday, October 22, 2015
Wednesday, October 21, 2015
Tuesday, October 20, 2015
UK’s largest online pharmacy fined £130,000 for selling patients’ data to scammers
MedConfidential, here.
ICO's "Monetary Penalty Notice" here.
"35. Pharmacy2U has obtained personal data unfairly because its online registration form and privacy policy did not inform its customers that it intended to sell their details to third party organisations, in addition to sending out its own marketing material. It would not be within a customer’s reasonable expectation that this form of disclosure would occur, even if they were willing to agree to the receipt of marketing material from Pharmacy2U itself. If a customer wished to take up Pharmacy2U’s offer to opt out of “Selected company data sharing”, they also had to go to the trouble of logging into their account and changing the setting.
36. In addition, Pharmacy2U did not provide the further information that was necessary to enable the processing in respect of its customers to be fair.
37. In the circumstances, Pharmacy2U’s customers did not give their informed consent to the sale of their personal data to third party organisations. Therefore Pharmacy2U did not have a lawful basis for processing the data under Part I of Schedule 2 to the DPA.
73. The Commissioner has decided that it is appropriate to issue a monetary penalty in this case, in light of the nature and seriousness of the contravention, Pharmacy2U’s shortcomings in terms of its DPA duties and the risks posed to a number of individuals. He has also considered the importance of monetary penalties in dissuading future contraventions of the DPA and encouraging compliance, in accordance with his policy."
ICO's "Monetary Penalty Notice" here.
"35. Pharmacy2U has obtained personal data unfairly because its online registration form and privacy policy did not inform its customers that it intended to sell their details to third party organisations, in addition to sending out its own marketing material. It would not be within a customer’s reasonable expectation that this form of disclosure would occur, even if they were willing to agree to the receipt of marketing material from Pharmacy2U itself. If a customer wished to take up Pharmacy2U’s offer to opt out of “Selected company data sharing”, they also had to go to the trouble of logging into their account and changing the setting.
36. In addition, Pharmacy2U did not provide the further information that was necessary to enable the processing in respect of its customers to be fair.
37. In the circumstances, Pharmacy2U’s customers did not give their informed consent to the sale of their personal data to third party organisations. Therefore Pharmacy2U did not have a lawful basis for processing the data under Part I of Schedule 2 to the DPA.
73. The Commissioner has decided that it is appropriate to issue a monetary penalty in this case, in light of the nature and seriousness of the contravention, Pharmacy2U’s shortcomings in terms of its DPA duties and the risks posed to a number of individuals. He has also considered the importance of monetary penalties in dissuading future contraventions of the DPA and encouraging compliance, in accordance with his policy."
Monday, October 19, 2015
Google ordered to disclose personal data shared with 3rd parties in S. Korea
Koreatimesus.com, here.
Sunday, October 18, 2015
Nudges to Privacy Behaviour: Exploring an Alternative Approach to Privacy Notices
European Commission, here.
Friday, October 16, 2015
Price comparison websites: Ofgem investigation
Press release, here,
"...investigation to look at whether some price comparison websites have breached competition law in relation to paid online search advertising"
"...investigation to look at whether some price comparison websites have breached competition law in relation to paid online search advertising"
Thursday, October 15, 2015
Lyft Adds Ride History With Map Details, Price Breakdown, Tips, And Lost & Found
Androidpolice.com, here.
Consumers are no longer 'Googling' products, they're 'Amazoning' them
Bizjournals.com, here (research by BloomReach, co-founded by former Google scientist).
Wednesday, October 14, 2015
Antitrust claim for “sham” patent enforcement
Shuffle Tech International v. Scientific Games Corporation, here.
Positionspapier zum Urteil des Gerichtshofs der Europäischen Union vom 6. Oktober 2015, C-362/14
Unabhängiges Landeszentrum für Datenschutz, hier.
Bell Canada reaches agreement with Competition Bureau over online reviews
Competitionbureau.gc.ca, here.
Tuesday, October 13, 2015
Sunlight: Fine-grained Targeting Detection at Scale with Statistical Confidence
M. Lecuyer, R. Spahn, Y. Spiliopoulos,
A. Chaintreau, R. Geambasu, and D. Hsu, here.
Monday, October 12, 2015
Saturday, October 10, 2015
Friday, October 09, 2015
Thursday, October 08, 2015
Data-Driven Innovation: Big Data for Growth and Well-Being
OECD, here (read only - no search, offline reading, etc.; PDF available, 73 EUR).
Wednesday, October 07, 2015
Position Paper Concerning the Implementation of the WIPO Marrakesh Treaty
Max Planck Institute for Innovation and Competition, here,
Tuesday, October 06, 2015
Ddl concorrenza: sì all'emendamento sugli hotel (narrow MFN)
IlSole24Ore, qui.
Art. 32. 1.
(Nullità delle clausole contrattuali che vietano alle imprese ricettive di offrire prezzi e condizioni migliori rispetto a quelli praticati da piattaforme di distribuzione online).
1. È nullo ogni patto con il quale l'impresa turistico-ricettiva si obbliga a non praticare alla clientela finale, con qualsiasi modalità e qualsiasi strumento, prezzi, termini e ogni altra condizione che siano migliorativi rispetto a quelli praticati dalla stessa impresa per il tramite di soggetti terzi, indipendentemente dalla legge regolatrice del contratto.
Art. 32. 1.
(Nullità delle clausole contrattuali che vietano alle imprese ricettive di offrire prezzi e condizioni migliori rispetto a quelli praticati da piattaforme di distribuzione online).
1. È nullo ogni patto con il quale l'impresa turistico-ricettiva si obbliga a non praticare alla clientela finale, con qualsiasi modalità e qualsiasi strumento, prezzi, termini e ogni altra condizione che siano migliorativi rispetto a quelli praticati dalla stessa impresa per il tramite di soggetti terzi, indipendentemente dalla legge regolatrice del contratto.
Monday, October 05, 2015
DMCA doesn't block reverse engineering of vehicle diagnosis software but TM might
Tushnet.blogspot.ch, here.
Sunday, October 04, 2015
Friday, October 02, 2015
Macht das Kartellrecht deutsche Internetunternehmen kaputt?
Diskussionsrunde zum Kartellrecht, Video hier.
Thursday, October 01, 2015
Wednesday, September 30, 2015
Tuesday, September 29, 2015
Insumos Esenciales, Reguladores y Lecciones para América Latina
Entrevista con el Prof. Richard Whish, aquì.
Monday, September 28, 2015
Saturday, September 26, 2015
Friday, September 25, 2015
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Centre for a Digital Society , Video here . These are my very rough talking points on pay or okay in full length (more than I actually had...
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LG Frankfurt am Main, 2-06 O 172/09 (verkündet am 13.05.2009). Lesenswertes aus der Begründung (meine Hervorhebungen): "Vorstellbare ...
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Public Knowledge, here .
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TechCrunch, here .
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Arstechnica.co.uk, here .
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Here (thanks to Netzpolitik).
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Gigaom.com, here .
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P. Schaar, hier .
