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Digital Platforms, Competition Law, and Regulation: Comparative Perspectives

Digital Platforms, Competition Law, and Regulation: Comparative Perspectives

Author: Kalpana Tyagi; Anselm Kamperman Sanders; Caroline Cauffman
Publisher: Hart Publishing
ISBN: 9781509969371

Published In: September 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509969388

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Description
Contents

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This open access book offers a comparative and inter-disciplinary perspective on the unique competition law challenges presented by the converged digital markets.

Following the digitalisation of even the most traditional brick and mortar sectors of the economy, a well-functioning internal market can only be guaranteed by ensuring the competitiveness of the digital markets. What role do intellectual property law and competition law play in this digital world? How can a more economic analysis strengthen innovation policies to achieve a truly competitive digital single market?

The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe, but in other jurisdictions too, may fall short. It addresses an array of procedural, substantive, and other issues that are generating intense debate across the antitrust community. This includes the scope and objectives of digital regulation, whether the application of ex-ante rules would result in fragmentation and inconsistencies, and whether such regulatory regimes are an appropriate tool for substantive assessment. The book explores whether the application of these rules would effectively tackle the competition enforcement challenges seen under the competition laws, whether they can be applied without undermining other rights such as privacy, and whether they are appropriate for this digital age as well as the new digital era ahead of us.

Part 1 offers a detailed inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act. Part 2 offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators.

Introduction, Kalpana Tyagi (Maastricht University, the Netherlands), Anselm Kamperman Sanders (Maastricht University, the Netherlands) and Caroline Cauffman (Maastricht University, the Netherlands)

Part One: Digitalisation and EU's Regulatory Response

1. The Italian Amazon Case: When is Traditional Antitrust Law enough to Protect Competition in Digital Markets? Mariateresa Maggiolino (Bocconi University, Italy) and Federico Ghezzi (Bocconi University, Italy)

2. Assessing Geo-blocking as a Tool to Prevent Bring Sued in EU Member States for Cross-border Copyright Infringment: A Plea for Directed Approach to Jurisdiction, Birgit van Houtert (Maastricht University, the Netherlands)

3. The Digital Markets Act Amendments: Be Careful What You Wish For, Oles Andriychuk (Newcastle University, UK)

4. Access to Databases, Algorithms, and Source Code in Selected European Union Legislative Proposals Concerning Digital Economy, Joanna Mazur (University of Warsaw, Poland)

Part Two: Global Responses to Digitalisation

5. A Competition Law Framework for Data Sharing Arrangements: Setting the Stage for EU Data, Margherita Corrado (Bocconi University, Italy) and Laura Zoboli (University of Warsaw, Poland)

6. Algorithmic Transparency – A Comparative Analysis of Disclosures concerning Rankings in EU and India, Pratiksha Ashok (Université Catholique de Louvain, Belgium)

7. Challenges to competition in Digital Platform Markets: Insights from Latin American cases, Juan David Gutiérrez (Universidad del Rosario, Colombia) and Manuel Abarca (Estudio Lewin Abogados, Colombia)

8. Regulating Digital Platforms: Intermediary Liability and Content Moderation in Copyright Enforcement, Subhashish Gupta (Indian Institute of Management, India) and Sneha Mehta (Associate, India)

9. Regulation of Digital Platforms in the UK, US and the EU: Context, Criteria, Containment and Beyond, Mehmet Unver (University of Hertfordshire, UK)

10. Assessment of AI-enabled Price Discrimination under Competition Law in China, Qian Li (Maastricht University, the Netherlands) and Niels Philipsen (Maastricht University, the Netherlands)

11. US Competition Law in Digital Markets, Allen P Grunes (Brownstein Hyatt Farber Schreck, USA) and Rosa L. Baum (Brownstein Hyatt Farber Schreck, USA)

Part 3: Summary and Road Ahead

12. Convergences and Divergences in Regulating Digital Markets for Content, Competition & Data, Kalpana Tyagi (Maastricht University, the Netherlands)