𝔖 Scriptorium
✦   LIBER   ✦

📁

Algorithmic Antitrust (Economic Analysis of Law in European Legal Scholarship, 12)

✍ Scribed by Aurelien Portuese (editor)


Publisher
Springer
Year
2022
Tongue
English
Leaves
182
Edition
1st ed. 2022
Category
Library

⬇  Acquire This Volume

No coin nor oath required. For personal study only.

✦ Synopsis


Algorithms are ubiquitous in our daily lives. They affect the way we shop, interact, and make exchanges on the marketplace. In this regard, algorithms can also shape competition on the marketplace. Companies employ algorithms as technologically innovative tools in an effort to edge out competitors. Antitrust agencies have increasingly recognized the competitive benefits, but also competitive risks that algorithms entail. Over the last few years, many algorithm-driven companies in the digital economy have been investigated, prosecuted and fined, mostly for allegedly unfair algorithm design. Legislative proposals aim at regulating the way algorithms shape competition. Consequently, a so-called “algorithmic antitrust” theory and practice have also emerged. This book provides a more innovation-driven perspective on the way antitrust agencies should approach algorithmic antitrust. 

To date, the analysis of algorithmic antitrust has predominantly been shaped by pessimistic approaches to the risks of algorithms on the competitive environment. With the benefit of the lessons learned over the last few years, this book assesses whether these risks have actually materialized and whether antitrust laws need to be adapted accordingly. Effective algorithmic antitrust requires to adequately assess the pro- and anti-competitive effects of algorithms on the basis of concrete evidence and innovation-related concerns. With a particular emphasis on the European perspective, this book brings together experts and scrutinizes on the implications of algorithmic antitrust for regulation and innovation. 

✦ Table of Contents


Contents
Prologue: Algorithmic Antitrust-A Primer
1 Introduction
2 What Are Algorithms?
3 Are Algorithms Inherently Secret?
4 Algorithmic Antitrust´´: Competition Policy for Algorithm-Driven Decisions 5 Is The Digital Hand Malicious? 6 Algorithmic Antitrust: A Primer 7 Presentation of the Book References Algorithmic Antitrust: A Critical Overview 1 Context 2 Some First Principles 2.1 What Is an Algorithm? 2.2 The Economics 2.3 Multisided Markets 2.4 Big Data 3 Dominance 4 Algorithmic Pricing and Collusion 4.1 Algorithmic Pricing 4.2 Machine-Based Collusion 4.3 Why Machine-Based Algorithmic Collusion Is Not a Problem 5 Mergers 5.1 Killer Acquisitions 5.2 Conglomerate Mergers 5.3 Merger Reforms 6 Concluding Observations References Algorithmic Antitrust and Consumer Choice 1 Introduction 2 Competition Law in Digital Markets 2.1 Algorithm Input 2.2 Consumer Benefits 2.3 Antitrust Issues 2.3.1 Leverage and Nudging Strategies 2.3.1.1 AI and Data 2.3.1.2 Nudge and AI 2.3.2 Consumer Choice 2.3.3 Price Algorithms 2.3.4 Tacit Collusion and Personalized Pricing 3 The Google Shopping Case: Leverage, AI, and Nudge 4 Conclusion References Algorithms, Big Data, and Merger Control 1 Introduction 2 Horizonal Unilateral Effects 2.1 Mergers Between Algorithm/Analytics Software Providers 2.2 Platform Mergers/Acquisitions 2.2.1 Analysing a Merger´s Impact on thePaying´´ Side of a Market
2.2.2 Analysing a Merger´s Impact on the ``Free´´ Side of the Market
2.2.2.1 Privacy as a Parameter of Competition?
2.2.2.2 Degrading the Quality of the Algorithm
2.2.2.3 Use of Data to Exploit Customers
3 Non-Horizontal Foreclosure
3.1 Interoperability
3.2 Accumulation of Data
4 Looking Forward: Dynamic Theories of Harm
5 Conclusion
References
Reasons to be Cheerful: The Benevolent Market Power of Decentralised Blockchains
1 Introduction
2 Clarifying Terminology
3 The Nature of a Permission-Less Blockchain´s Role Within a Market
3.1 A Platform
3.2 Pricing
3.3 Control
4 Reasons to be Cheerful
4.1 Reducing Transaction Costs and Expanding Output
4.2 Clashing with the Tech Titans
4.2.1 Tokenisation
4.2.2 Creating a Decentralised Alternative to Digital Platforms
4.2.3 The Benevolent Market Power of a Decentralised Permission-Less Blockchain
4.2.4 User Control of Their Data
4.3 Innovative Remedies
4.4 Ways of Working
5 Conclusion
References
Can Antitrust Trust Blockchain?
1 Introduction
2 Distributed Ledger Technologies Toolkit
2.1 Blockchain Origin
2.2 Blockchains
2.2.1 Bitcoin Blockchain
2.2.2 Public, Private and Permissioned Blockchains
2.2.3 Smart Contracts and Ethereum
2.2.4 Blockchain Tokens
2.2.5 Recent Developments in DLT
3 DLT and for Competition
3.1 From Centralized to Decentralized Platforms
3.1.1 The Internet Centralization
3.1.2 Is It the Time for a Blockchain Era?
3.1.3 Blockchain Standards
3.2 DLT as Antitrust Tool
3.3 Conclusions
4 Do Blockchain Raise Antitrust Concerns?
4.1 Anti-trust in Trustless Technologies
4.2 What Kind of Entity Is Blockchain?
4.3 Forms of Collusion
4.3.1 Private and Consortium Blockchains
4.3.2 Public Blockchain
4.3.3 United American Corp v. Bitmain
4.3.4 Delegate Proof of Stake (DPS)
4.4 Blockchain Concentration
4.4.1 ASICs
4.4.2 Vertical Concentration
4.5 Exclusionary Conduct
5 Conclusions
References
The Technology Innovation Time Gap in Competition Law Enforcement: Assessing the European Commission´s Approach
1 Introduction
2 Why The Vertical Block Exemption and Vertical Guidelines are Inadequate to Respond to the Technology Time Gap
3 The Commission´s New Tools for Bridging the Technological Time Gap
4 Conclusion
References
Epilogue: Algorithmic Antitrust-A Questioning
References


📜 SIMILAR VOLUMES


Law and Economics of Regulation (Economi
✍ Klaus Mathis (editor), Avishalom Tor (editor) 📂 Library 📅 2021 🏛 Springer 🌐 English

<span>This book explores current issues regarding the regulation of various economic sectors, theoretically and empirically, discussing both neoclassical and behavioural economics approaches to regulation. Regulation has become one of the main determinants of modern economies, and virtually every se

Law and Economics of the Coronavirus Cri
✍ Klaus Mathis (editor), Avishalom Tor (editor) 📂 Library 📅 2022 🏛 Springer 🌐 English

<p><span>The coronavirus pandemic struck unexpectedly, posing unprecedented challenges around the world. At the same time, this crisis also offers a unique opportunity for reflection, research, and insight regarding this and similar global and domestic crises. There is much to be learned from analys

Judicial Decision-Making: Integrating Em
✍ Piotr Bystranowski (editor), Bartosz Janik (editor), Maciej Próchnicki (editor) 📂 Library 📅 2022 🏛 Springer 🌐 English

<span>This book shares state-of-the-art insights on judicial decision-making from both theoretical and empirical perspectives. It offers in-depth coverage of the forefront of the field and reviews the most important issues and discussions connected with an empirical approach to judicial decision-mak

Democracy and Globalization: Legal and P
✍ Charlotte Sieber-Gasser (editor), Alberto Ghibellini (editor) 📂 Library 📅 2021 🏛 Springer 🌐 English

<p><span>This book offers in-depth legal and political analysis concerning the compatibility of the Westphalian state model with globalization and the digital revolution. It explores the concept of democracy in a globalized world, discusses the legitimacy of economic integration in the global market