Private Power, Online Information Flows and EU Law

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Private Power, Online Information Flows and EU Law

Mind The Gap

International law Competition law / Antitrust law Data protection law

Author: Angela Daly

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Language: English

Published by: Hart Publishing

Published on: 1st December 2016

Format: LCP-protected ePub

Size: 184 pages

ISBN: 9781509900657


Introduction

This monograph examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users's autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users.

Case Studies and Analysis

Using a series of illustrative case studies, of Internet provision, search, mobile devices and app stores, and the cloud, the work demonstrates the gaps that currently exist in EU law and regulation. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failure can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses.

Systemic Challenges and Solutions

Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, solutions from outside the system are proposed at the end of each case study. This study will appeal to EU competition lawyers and media lawyers.

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