ch AP ter i. A buse ProceedinGs AGA inst diGitAL GAteK eePers under section 19A oF the Ger MA n coMPetition Act: tAK inG
D . Normative statements on the standard for underlying efficiency and welfare analyses
abuse proceedings
A . Meta VR Glasses: concessions on tying, but proceedings on data linking still pending
B . Google News Showcase: closure on 21 December 2022 following various measures taken by Google
V. Remedies
I . The dusting-off of an almost forgotten concern: conglomerate mergers
Ass. Prof. Dr. Carmen Rodilla Martí
Ass. Prof. Dr. Francisco Hernández Rodríguez
ch AP ter V ii. cLoud GAMinG serV ices: A distinct Product MA r K et? A nALysis oF the issue FoLLowinG MiccrosoF t ’s Acquisition oF Acti V ision bL izz A rd
II The difficulties of determining the relevant market in digital markets:
III Are cloud gaming services a distinct product market?
A . Competition and Markets Authority’s assessment: Cloud Gaming services are a distinct product market
B European Commission assessment: Cloud Gaming Services are just another method of video game distribution
C . Cloud Gaming is not a Distinct Market report: Cloud Gaming Services are a boarder technology that cannot be classified in a single distinct market
IV Cloud gaming services should be considered as a distinct product market
V. Conclusion
Bibliography
ch AP ter V iii. i nnoVAtion coMPetition in the Gener Ati V e A i sPAce: F uture -ProoFinG coMPetition PoL icy (AGA in)?
V. Conclusion: do we have the right tools to protect innovation competition in the genai space?
ch AP ter i X. doMinA nce, biGtechs A nd diGitAL PAy M ent serV ices: reGu LAtory APProAches .
Ass. Prof. Dr. Pedro-José Bueso Guillén
III . Current activity of bigtechs in the payment and e-money services eu internal market
IV. Regulatory approaches
V. Ruling competition and payment services
ch AP ter X. how does A ndroid Protects its doMinA nce in the MobiL e ecosysteM, A nd why MiGht the diGitAL M A r K ets Act
be enouGh?
Ass. Prof. Dr. Eugenio Olmedo Peralta
A . The Notion of Operating System and its Consideration as a Core Platform Service
IV. Critical analysis of android’s strategy and the regulatory framework for competition in operating systems
V. Bibliography
ch AP ter X i. dAtA Access A nd dAtA PortA biL ity in the PLAt For M econoM y
Prof. Dr. Björn Lundqvist*
I
Introduction
II . The data act
III
Digital markets act
IV. The digital service act
V. Open data directive
Directive on payment services II
VII
‘Comparative’
VIII A solution – a general
ch AP ter X ii. coMPLi A nce with the dMA obL iGAtions: the Prohibition oF dAtA coM binAtion under A rt. 5(2) dMA
Prof. Dr. Marco Botta; Dr. Danielle Borges
and the obligations for gatekeepers: art 5(2)
III . Consent as a legal basis for data processing activities under the gdpr and the dma
A . The Relationship between DMA and the GDPR
B . Consent under the GDPR.
C Consent under Art. 5(2) DMA – a Privacy-Setting Solution
D . Complying with Art. 5(2) DMA.
IV. Conclusions
V. Bibliography
ch AP ter X iii. dAtA-Protection reLAted A buses by diGitAL PLAt For Ms: A sPA nish en ForceM ent ALternAti V e
Prof. Dr. Carmen Estevan de Quesada
I
Background
II . Breach of data-protection rules as a competition law infringement
A Unfair competition acts as antitrust infringements: article 3 of the Spanish Competition Act (LDC)
B . Breach of law as an unfair competition act: article 15 of the Spanish Unfair Competition Law Act (LCD) .
III . Breach of legal rules ex art . 15 LCD: preliminary questions
A The behaviour: breach of data-protection rules by digital platforms
B . Art. 15 LCD: legal requirements ex paragraphs 1 and 2
C Are data-protection rules «aimed at regulating competitive activity»?
IV Article 15 1 LCD: legal analysis
Breach of legal rules
B . Legal breach resulting in a competitive advantage
1
Competitive advantage
2 . Causal link
Availing oneself of the advantage
V. Conclusions
VI
Bibliography
A . Text and data mining, negotiations, and market structure. For whom is it intended?
What
IV Should data generators be the assignees of the entitlement over data From creators to miners: consequences for the governance of innovation in the AI sector
V.
Foreword
In recent decades, companies operating in digital markets, particularly digital platforms, have proliferated and have become, at times, some of the most relevant globally in terms of market capitalization
This growth has not been without problems from a competitive perspective . Competition authorities on both sides of the Atlantic began to monitor more closely, in the last decade, the actions of the most relevant companies from the perspective of dominance or monopolization, giving rise to a series of administrative proceedings or judicial processes, in which thousands of millions of euros or billions of dollars in fines have been imposed on these companies
The interest of the American and European competition authorities, both at the European Union and national level, has also extended to the area of mergers
The results of the experience gained are new regulatory instruments such as the Digital Markets Act approved by the European Union or the German 10th and 11th GWB Novelle of 2022 and 2023 that the Bundeskartellamt has begun to apply .
Our research group has been working for years in these areas . At present, thanks to the research projects PID2021-128072OB-I01 « Concentration, Abuse and Cooperation in Digital Markets » and CIAICO/20202OB-I01 « Competition Power Control (COMPOWCONT)» of which this book is the result .
Within the framework of these projects, we convened three Valencia International Meetings on Competition Law, the first of which was devoted to business cooperation in digital markets, the second to dominance, dependence and mergers in digital markets and the third to compensation for damages in digital markets .
The book you have in your hands includes the written version of the presentations held during the second of these Valencia International Meetings on Competition Law . We have called upon a number of European experts who have participated in analyzing some of the most relevant and current issues arising in this area, not only from a European perspective but also from the viewpoint of the legal system of the most active Member State in this area, Germany .
From the latter perspective, the work includes an analysis of the two main new competition instruments included in GWB Novelle: paragraphs 19a GWB and 32f GWB .
Professor Jens-Uwe Franck addresses the former in his paper «Abuse Proceedings Against Digital Gatekeepers Under Section 19a Of The German Competition Act: Taking Stock Of Early Results», while Professor Juan Ignacio Ruiz Peris discusses the latter in his paper «The New Paragraph 32f GWB and the German Sektoruntersuchung» .
Regarding mergers, four papers analyze different issues raised . These include the works of Associated Professors Carmen Herrero Suarez on «Conglomerate Mergers . . . back in action in Digital Markets?», Carlos Gómez Asensio on «Startups and Killer Acquisitions», Carmen Rodilla Martí on «Conditioned Mergers in Digital Platforms» and Francisco Hernández Rodríguez on «Innovation and Ecosystem Theories of Harm in Digital Mergers» .
In the field of abuse of dominance Professor Simonetta Vezzoso reflects on «Innovation Competition in The Generative AI Space: Future-Proofing Competition Policy (Again)?», Associate Professor Pedro José Bueso Guillen discusses «Dominance, Bigtech And Payment Services: Regulatory Approaches» and Associate Professor Eugenio Olmedo Peralta examines «How Does Android Protect Its Dominance In The Mobile Ecosystem And Why The Digital Markets Act May Be Not Enough: Concerns On Alphabet Practices On Operating Systems»
The third main question in this book is Data protection in digital markets . Professor Björn Lundqvist has present a paper on «Data Access and Data Portability in the Platform Economy», Professor Marco Botta addresses the central question of consent «Compliance with the DMA Obligations: the Prohibition of Data Combination under Art . 5(2) DMA» and Professor Carmen Estevan de Quesada discusses «Data-Protection Related Abuses by Digital Platforms: a Spanish Enforcement Alternative» .
The book also contains two other contributions derived from papers selected for publication .
We hope you enjoy reading the book as much as we enjoyed the presentation of the papers from which the different chapters originate
Juan Ignacio Ruiz Peris and Carmen Estevan de Quesada, Valencia 2024