Antitrust and Trade Regulation Commons^™

Editorial Foreword, Laura Zoboli, Maciej Bernatt

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Coca-Cola Beverages Africa (Pty) Ltd V. Competition Commission And Another [2024] Zacc 3, Dunia P. Zongwe, Adolf N. Gariseb

SAIPAR Case Review

This article examines the South African Constitutional Court's decision on the public interest considerations in merger control, specifically concerning employment effects. The case involved Coca-Cola's retrenchments post-merger and the Competition Commission's notice of apparent breach. The Court's ruling clarifies the review standards for regulatory enforcement of merger conditions and the causal link required between a merger and subsequent employment decisions. The commentary highlights the paradox in South Africa's competition law, emphasising employment protection, though well-intentioned, may constrain economic flexibility. It argues that this employment-centric approach can lead to inefficiencies, diminish consumer welfare, and obscure market competitiveness as a public interest.

Trustless Trust And Antitrust: A Synthesis, Matt Blaszczyk

Touro Law Review

Authors have written of antitrust law’s demise in the face of blockchain, which, seemingly, achieves the pro-competitive ends of the law through technology and private ordering. Permissionless blockchains in particular are said to offer a vision of radical disinter mediation and a break with the platform economy troubling the regulators today. At the same time, blockchain supposedly presents challenges to antitrust doctrine, from the most basic of concepts to the viability of enforcement and remedies. Finally, blockchain community governance is said to allow for private ordering of antitrust, i.e., enforcement of rules attempting to protect competition, which are at the …

The Crypto Revolution: A Comparative Analysis Of Crypto Regulation In The United States And The European Union, Joseph Galasso

Touro Law Review

Cryptocurrency is something that many people have heard of, but few truly understand the totality of it. From its emergence to the present form, cryptocurrency has become an innovative technology which has changed the way in which we use money. As seen time and time again, where there comes new technology comes governmental authorities introducing new laws to regulate these emerging industries. The aim of these laws and regulations is to protect consumers, but it is imperative not to overregulate the industry. The goal of regulation is to allow consumers to enjoy the benefits of the industry; however, one cannot …

Entire Issue Vol. 15 No. 25

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Entire Issue Vol. 17 No. 29

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Between The Data Act And The Gdpr: Attributing Responsibility For Data Sharing, Antoni Napieralski

Yearbook of Antitrust and Regulatory Studies

The normative links between the GDPR and the Data Act increase the complexity of attributing responsibility for data sharing under the Data Act. Due to overlaps in the material scope of the GDPR and the Data Act, exercising access rights stipulated by the DA leads to consequences in attributing controllership under the GDPR. Users who are not data subjects, together with third parties receiving the requested data, are likely to become joint controllers. Judicial interpretation of the concept of joint controllership effectively lowered the threshold of becoming a joint controller. In pursuit of the effective protection of the data subject, …

Business-To-Business Data Sharing Within The Eu Digital Market International Conference Warsaw, 14–15 September 2023, Monika Woźniak-Cichuta

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Data Sharing For The Common Good – Remarks On The Data Altruism Framework Established Under The Data Governance Act, Adrianna Michałowicz

Yearbook of Antitrust and Regulatory Studies

The article examines the data altruism framework established under the European Union’s Data Governance Act (DGA) and its potential to foster trust in voluntary data sharing. The DGA, effective from September 2023, introduces legal measures to facilitate the altruistic sharing of personal and non-personal data for objectives of general interest, such as healthcare, scientific research, and disaster response. The study aims to evaluate the regulatory framework’s effectiveness in building trust, focusing on three key aspects: the potential recipients of altruistically shared data, the possibility of commercial use of such data, and the transparency of data processing activities. The findings suggest …

Searching For Coordination Between The Eu Copyright Enforcement System And Content Portability: An Underestimated Challenge?, Camilla Signoretta

Yearbook of Antitrust and Regulatory Studies

Portability is a multifaceted concept, standing in between data law, digital consumer law and platform regulation. Considering their different rationale, portability rules can be found in the General Data Protection Regulation (GDPR), the Digital Content Directive (DCD), the Portability Regulation (PR), and the Digital Markets Act (DMA). Throughout the years, portability evolved from a prerogative of data subjects into a content regulatory tool. Therefore, its interplay with intellectual property law became progressively more complicated. Importantly, some portability provisions have been enacted in the form of obligations to be implemented by digital platforms. In this light, the intersection between digital platform …

The Quest For The Fifth Freedom: Access To Data And Information In Conflict With The Protection Of Intellectual Property, Katarzyna Klafkowska-Waśniowska

Yearbook of Antitrust and Regulatory Studies

This article explores the concept of the freedom of information, linked to the goals of the European Research Area, and its relations with the evolving concept of free movement and free flow of data. Both concepts relate to the fundamental principles of the single market: free movement, non-discrimination and market access. In the context of the internal market, public authorities need to ensure market access for private economic operators in the area of goods, services, the labour market and investment. Free flow of data and information is based on the autonomous understanding of “access” – not access to the market, …

The Risks Of Health Data Commodification In The Eu Digital Market, Chiara Gallese

Yearbook of Antitrust and Regulatory Studies

This article explores the health data commodification phenomenon in the European Union’s digital market. The emergence of a health marketplace, and the increasing utilisation of health data by both public and private entities, have raised significant concerns about citizens’ rights. This study examines the risks of health data commodification, the EU’s efforts to facilitate data sharing and reuse through the Digital Strategy Corpus of law (DSC) as well as its potential implications on the rights of data subjects. The article investigates the ongoing scholarly debate surrounding the commodification of personal data, and its ethical and legal dimensions. The interdisciplinary approach …

The Creation Of Data Pools As Information Exchanges: Antitrust Concerns, Eugenio O. Peralta

Yearbook of Antitrust and Regulatory Studies

In the digital market, data is a critical resource, but its handling reveals a twosided situation. First, dominant platforms, known as gatekeepers, control major data sources. They may extract data unfairly from dependent partners, or abuse their market position by demanding excessive data for free services, and may also acquire companies solely for their data. The Digital Markets Act counters this by imposing data handling restrictions and portability duties. Conversely, nongatekeeper companies need data access to compete and innovate. The European Data Act addresses this, by granting data portability rights and promoting data sharing spaces, yet a more extensive data …

Digital Data-Driven Mergers: Is A Data-Sharing Remedy A Panacea?, Monika Woźniak-Cichuta

Yearbook of Antitrust and Regulatory Studies

The article contributes to the current debate on the interplay between the data economy and competition law. First, on the basis of theories of harm related to datadriven merger, it is stated that such transactions require a particular assessment in merger control proceedings, rather than having them cleared unconditionally during phase 1. Such examination should take into consideration data-induced market power, not necessarily related to traditionally defined relevant markets. Therefore, it is postulated to take an ecosystem perspective on harm stemming from digital data-driven mergers. Second, the practice of the European Commission is outlined with regard to data-access remedies. It …

Experimentalist Competition Law Enforcement As A Complementary Data Sharing Toolkit: Learning From Agcm V. Google – Ostacoli Alla Portabilità Dei Dati, Emanuele Fazio

Yearbook of Antitrust and Regulatory Studies

Analysing the Italian case AGCM v. Google – Ostacoli alla portabilità dei dati, this paper scrutinises the “experimentalist architecture” of public competition law enforcement in dealing with data sharing disputes. In AGCM v. Google, the experimentalist competition law enforcement aimed at ensuring and designing the right to data portability provided by Article 20 GDPR. The paper investigates the extent to which the conditions and distinctive features of the experimentalist architecture play a role in AGCM v. Google, which include: strategic uncertainty, polyarchic distribution of powers, high degree of discretion of local agents, dynamic accountability, and the participation of all stakeholders …

The “Amateur” Division I Athlete Is Becoming A Thing Of The Past, So Now What?: Addressing The Action Needed To Preserve Amateurism In College Sports, Elizabeth Hendrickson

University of Miami Law Review

College sports are in a state of logistical chaos. How did we get here? Where do we go next? What does the future of college sports look like? The driving force behind much of this uncertainty is the demise of amateurism at the Division I level of competition. The National Collegiate Athletic Association (“NCAA”) has struggled to define what makes a college athlete an “amateur” since its inception. Over time—and under the NCAA’s purported control—the line between amateur and professional athletes has become increasingly blurred. The NCAA’s failure to maintain the amateur model at the Division I level poses a …

Environmentalism And Antitrust, Albert H. Choi, Daniel A. Crane

Law & Economics Working Papers

In recent years, there has been a proliferation of interest concerning environmental issues and the application of the antitrust laws. Numerous commentators, for instance, have argued that the antitrust enforcement should adjust to reflect the environmental harm (or benefit) that is generated from a competitive condition. In this paper, we take a step back and argue that analysis of the intersection between antitrust and environmentalism should begin with more mundane questions of economics. More specifically, we argue that environmental regulations can inform antitrust analysis by considering (at least) three issues: (1) the impact of environmental regulation on the firms' production …

Nil Tampering, Josh Lens

BYU Law Review

The college athletics landscape has experienced several recent dramatic and monumental changes. In 2018, its governing body, the NCAA, implemented the transfer portal to help universities and athletes manage the process by which athletes transfer to another university. In 2021, the NCAA allowed every athlete the freedom to accept compensation in exchange for the use of their name, image, and likeness (“NIL”). Booster collectives quickly formed to facilitate NIL arrangements and now exert significant financial influence in the athlete recruiting and retention process. Tens of thousands of athletes have used the portal since its inception, with many seeking more NIL …

Understanding Golf’S Civil War: An Antitrust Analysis And Discussion, Emma Hackett

BYU Law Review

For years, professional golf has been ruled by the PGA Tour. But in 2022, the PGA Tour’s monarchy started to crack when LIV Golf, a new Saudi-backed golf league, entered the scene and sued the PGA Tour for antitrust violations. Players and fans had to take sides: the legacy of the PGA Tour or the deep pockets of LIV Golf? The lawsuit resulted in a settlement between the entities, but the complaints exposed dealings engaged in by the PGA Tour that this Note argues are violations of the Sherman Act. Beyond illegality of the Tour’s acts, the dispute between LIV …

Scotus At The Bat: Touching Base With Baseball’S Antitrust Exemption, Porter Y. Schenewark

BYU Law Review

In the longstanding debate surrounding Major League Baseball’s exemption from federal antitrust laws, recent legal developments and Supreme Court dynamics call for a reexamination of the Supreme Court’s 1922 Federal Baseball decision. Drawing parallels between the Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization and the potential reconsideration of Baseball’s exemption, this paper explores the factors at play and the implications for the future of the sport.

Through the Court’s framework of five factors as used in Dobbs, the paper evaluates the nature of the Court’s error, the quality of reasoning, workability, effect on other areas of law, …