{"title":"The Proposed EU Digital Services Regulation 2020: Data Desiderata","authors":"Peter Georg Picht, Heiko Richter","doi":"10.2139/ssrn.3925359","DOIUrl":"https://doi.org/10.2139/ssrn.3925359","url":null,"abstract":"With the drafts of the Digital Markets Act (DMA), the Digital Services Act (DSA), and the Data Governance Act (DGA), the EU Commission has presented three cornerstones of its digital regulation approach in November and December of 2020. This Discussion Paper looks at data transactions and focuses on four aspects which illustrate that the proposed Acts leave much room for advancing the coherence and specificity of its respective rules: the specificity of data-related provisions; the role of FRAND in the package context; the role of data intermediaries; and the upcoming Data Act. Beyond diagnosis, the Discussion Paper calls for a more integrative approach and proposes improvements. It aims to spark a more intense discourse on data transactions under the Package.","PeriodicalId":382921,"journal":{"name":"ERN: Regulation (European) (Topic)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129492968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Monika Schnitzer, J. Crémer, Gregory S. Crawford, David Dinielli, Amelia Fletcher, Paul Heidhues, Fiona M. Scott Morton, Katja Seim
{"title":"International Coherence in Digital Platform Regulation: An Economic Perspective on the US and EU Proposals","authors":"Monika Schnitzer, J. Crémer, Gregory S. Crawford, David Dinielli, Amelia Fletcher, Paul Heidhues, Fiona M. Scott Morton, Katja Seim","doi":"10.2139/ssrn.3923604","DOIUrl":"https://doi.org/10.2139/ssrn.3923604","url":null,"abstract":"There is broad international consensus that ex ante regulation is needed to address the market dominance of the very largest digital platforms and that there are benefits to having broadly coherent regulatory approaches across jurisdictions. Regulation in any one jurisdiction will have extra-territorial effects, and inconsistent regulation will create unnecessary costs, reduce service quality, and dampen innovation. Greater coherency in the regulation of digital markets should make regulation more effective, more proportionate, and better able to limit any negative consequences. This article considers current US and EU proposals. We compare and contrast these two proposals through an economic lens, with a focus on substance rather than legal process and enforcement. We find substantial similarity of intent and approach between the US and EU proposals but also some important divergences, which highlight areas for further consideration by the EU and the US. We note in particular that the EU proposal does not include a provision analogous to a US proposal for strengthening the merger test applicable to acquisitions by large platforms, but that it should. More generally, the more the two sets of proposals can learn from each other, the better and more coherent the final regulations are likely to be.","PeriodicalId":382921,"journal":{"name":"ERN: Regulation (European) (Topic)","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121129839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Cross-Border Data Protection After Brexit","authors":"Edoardo Celeste","doi":"10.2139/SSRN.3784811","DOIUrl":"https://doi.org/10.2139/SSRN.3784811","url":null,"abstract":"This paper reconstructs how the UK data protection framework has evolved in the last four years, from the time of the Brexit referendum to the introduction of the TCA. It assesses to what extent the new UK data protection regime reflects the Brexit desiderata, and analyses the challenges of the future relationship between the UK and the EU in light of the solutions envisioned by the TCA. It argues that, even when an adequacy decision will be in place, the UK will neither achieve the desired level of regulatory emancipation advocated by the Brexit supporters nor will it offer a stable and reliable mechanism for data transfers. Indeed, the adequacy mechanism will subject the UK legal system to regular monitoring by the EU which will restrict the UK’s ability to freely develop its own data protection framework for fear of losing the EU adequacy status. Moreover, in light of the recent CJEU case law on data transfers and data retention, a UK adequacy decision will naturally be exposed to the risk of being invalidated due to the non-conformity of the UK national security regime with EU law.","PeriodicalId":382921,"journal":{"name":"ERN: Regulation (European) (Topic)","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128328121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Energy Market Liberalisation in Greece: Structures, Policy and Prospects","authors":"Charis Vlados, Dimos Chatzinikolaou, Foteini (Feni) Kapaltzoglou","doi":"10.32479/IJEEP.10804","DOIUrl":"https://doi.org/10.32479/IJEEP.10804","url":null,"abstract":"The ongoing regulatory transformation towards a single European electricity market started several years ago. The rationale of this transformation is that the liberalisation of monopolistic energy structures should lead to the building of sustainable and flexible energy ecosystems, through an energy policy that sets goals in line with the requirements of our epoch, such as sustainable development, energy security, and the promotion of renewable energy sources. In this context, the liberalisation of the electricity market in Greece is explored, which is a complicated case in terms of development as it has only recently begun to exit from a long-term socio-economic crisis and strict adjustment programs. The concepts of energy market liberalisation, energy ecosystems, and energy policy are presented and compared to the main directions of the EU institutional environment and the evolution of the political and institutional framework of Greece. In Greece, an attempt has been made in recent years to liberalise the electricity market, which is hindered for a long time by socio-economic forces favoured by the monopolistic system of the market. This liberalisation process is also an opportunity for the country to move towards enhancing the structures that can lead to faster and more sustainable development and to maintain the pace of “coupling” with the most developed energy economies of Europe.","PeriodicalId":382921,"journal":{"name":"ERN: Regulation (European) (Topic)","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127264852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Sustainable Finance and the EU Taxonomy Regulation – Hype or Hope?","authors":"Marleen Och","doi":"10.2139/ssrn.3738255","DOIUrl":"https://doi.org/10.2139/ssrn.3738255","url":null,"abstract":"The European Commission has significantly increased its ambitions in regulating sustainable finance with its 2018 Action Plan “Financing sustainable growth”. One of the proposed Regulations, which has been adopted in 2020, is the Taxonomy Regulation. It builds the core of the action plan, by providing definitions to determine whether an economic activity is environmentally sustainable and therefore suitable for a sustainable investment. While most stakeholders agree that the lack of common definitions poses several difficulties and hampers the progress on sustainable finance, the solution found in the form of the Taxonomy Regulation is not uncontested. Concerns include its usability, especially in light of the available data and the accompanying costs, and the need for a more conclusive taxonomy, which also covers less and non-sustainable economic activities. This paper briefly outlines the structure of the Taxonomy Regulation itself, highlights the main points of debate and recent developments and suggests some adjustments, in particular the need for an extension of the Taxonomy in order to prevent “greenwashing”.","PeriodicalId":382921,"journal":{"name":"ERN: Regulation (European) (Topic)","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114361480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Camila Ringeling, Tad Lipsky, D. Ginsburg, Bruce H. Kobayashi, Joshua D. Wright
{"title":"European Commission’s Notice on the Definition of Relevant Market for the Purposes of Community Competition Law, Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University","authors":"Camila Ringeling, Tad Lipsky, D. Ginsburg, Bruce H. Kobayashi, Joshua D. Wright","doi":"10.2139/ssrn.3708528","DOIUrl":"https://doi.org/10.2139/ssrn.3708528","url":null,"abstract":"This comment is submitted by the Global Antitrust Institute (GAI) to the European Commission (Commission) for consideration in relation to its consultation on its Notice on the definition of relevant market for the purposes of community competition law.","PeriodicalId":382921,"journal":{"name":"ERN: Regulation (European) (Topic)","volume":"53-54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125690420","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Policy Changes to Strengthen the Protection of Media Freedom and Media Pluralism in the EU","authors":"P. Parcu, Maria Alessandra Rossi","doi":"10.2139/ssrn.3721958","DOIUrl":"https://doi.org/10.2139/ssrn.3721958","url":null,"abstract":"Access to news and information has undergone profound changes in connection with the digitization and platformization of the economy. Diverse policy concerns emerge both from the supply-side of news production and distribution and from the demand-side of news consumption. The apparent richness of information sources conceals serious threats to the quality and diversity of online news, available on global platforms devoid of editorial responsibility and interested solely in maximizing advertising revenue. In this paper, after pinning down what we believe to be the most salient market and system failures in this regard, we summarize the range of policy proposals advanced to address the crisis of traditional media outlets and the unaccountability of platforms. Our own conclusion suggests three preferred lines of possible intervention in defense of media pluralism: regulated transparency, a novel form of EU-level direct financing and enhanced market power oversight.","PeriodicalId":382921,"journal":{"name":"ERN: Regulation (European) (Topic)","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133537812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"UK Collective DC: Is it 'Dutch-style' CDC?","authors":"H. V. Meerten","doi":"10.2139/ssrn.3713861","DOIUrl":"https://doi.org/10.2139/ssrn.3713861","url":null,"abstract":"This article considers the differences between collective DC as seen in the Netherlands and how the equivalent schemes might work in the UK, and how far the (still to be enacted) UK legislation seems to have learned from the Dutch experience.","PeriodicalId":382921,"journal":{"name":"ERN: Regulation (European) (Topic)","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127013016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Existing European IP Rights System and the Data Economy – An Overview With Particular Focus on Data Access and Portability","authors":"M. Leistner","doi":"10.2139/ssrn.3625712","DOIUrl":"https://doi.org/10.2139/ssrn.3625712","url":null,"abstract":"In contrast to earlier contributions on existing IP protection and the data economy this paper takes a targeted approach. The author focuses on the impact of the existing EU IP regime (copyright, sui generis protection of databases, patents and trade secrets protection) on access to and portability of data. Accordingly, the paper, first, deals with the question of how to keep data portability infrastructures open and accessible. Secondly, the paper discusses how to accommodate the different existing or proposed data access regimes or discussed case groups for access regulation with EU IP law, in particular with sui generis protection of databases and trade secrets protection. As for future perspectives, the paper, thirdly, identifies certain elements in the existing IP regime which might prove helpful as building blocks for the future regulation of the data economy.","PeriodicalId":382921,"journal":{"name":"ERN: Regulation (European) (Topic)","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121968187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Pro-Social versus Anti-Social Innovation: The Role of Corporate Strategy, Governance and Resources","authors":"K. Hu, M. Cohen","doi":"10.2139/ssrn.3557483","DOIUrl":"https://doi.org/10.2139/ssrn.3557483","url":null,"abstract":"While innovation is generally thought to provide value to society, the organization literature is beginning to examine this issue more closely by noting that innovation may also lead to negative social outcomes - oftentimes unintended consequences of policies or market incentives to innovate. In this research, we investigate the firm-specific characteristics under which innovations are likely to result in socially desirable versus undesirable outcomes. Our empirical setting is the regulation of auto emissions in the EU. Using a unique 14-year on-road emission dataset and multiple sources to characterize individual automakers, we build a two-stage Heckman model to investigate how firms’ strategy, governance and resources impact the social value of their innovations. Our findings suggest that firms with superior internal governance, abundant resources, and those following a differentiation-oriented strategy are more likely to engage in pro-social innovations, while firms with weaker internal governance, limited resources, and those undertaking a cost-leadership strategy are more likely to engage in anti-social innovations. Our findings have both managerial and regulatory policy implications.","PeriodicalId":382921,"journal":{"name":"ERN: Regulation (European) (Topic)","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129678841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}