Theranos teaches Silicon Valley a hard lesson about accountability

WashingtonPost, here

Control Mechanisms for CRM Systems and Competition Law

R. Hilty, T. Li, here.

CMA response to BIS consultation on moving Land Registry operations to the private sector

CMA, here

Saisine d’office pour avis portant sur l’exploitation des données dans le secteur de la publicité en ligne

Autorité de la concurrence, Décision ici.
A voir aussi:
fiche 1 : le secteur de la publicité en ligne en chiffres
fiche 2 : les acteurs de la publicité programmatique
fiche 3 : big data et publicité sur internet

Machine Bias

Propublica.org, here.

International enforcement cooperation in mergers: main principles and recent experiences

EC, Competition policy brief, here.


Q&A: The impact and evolution of the sharing economy

PewResearchCenter, here

Copyright reform comes a little closer in Ireland

E. O'Dell, here

Platform Privacy: The Missing Piece of Data Protection Legislation

M. Westerlund and J. Enkvist, here

The rise of APIs

TechCrunch, here

Germany’s supreme court ruling on online games and bots could affect entire EU

VentureBeat, here

Regulating Revolution: An Introduction to 3D Printing and the Law

A. Daly, here

Internet Competition & Regulation of Online Platforms

CPI and Computer and Communications Industry Association, here

Competition and Poverty

T. Begazo and S. Nyman, Here.

How Can Competition Law Enforcement in the Digital Economy Help in the Fight Against Poverty?

A. Mansour, Here.

Ownership and licensing of the articles posted on SSRN: principles for reassuring authors

AuthorsAlliance.org, here.

Scientists Are Just as Confused About the Ethics of Big-Data Research as You

Wired, here.

The application of the law to machine learning and artificial intelligence

Law Society,  Podcast here.

The big tech drive to encourage hotel loyalty

HotelMarketing, here.

Remembering Ronald Coase's Legacy

O. Williamson, here.

Online Platforms, Rate Parity and the Free Riding Defence

Preview (first draft follows - soon):

Online platforms characterize today’s digital economy and, lately, have not been short of attention from competition policy circles. While a number of the most momentous cases so far have involved possible abuses of dominant position or horizontal restraints, vertical restraints are also high on the enforcement agenda of competition authorities. Admittedly, vertical restraints in online markets pose particular challengesAs the anticompetitive impact of some of the vertical practices employed by online platforms become increasingly apparent, part of the focus shifts towards the application of efficiency defences, possibly shielding the restrictive practices from findings of law infringement. Arguably, the balancing exercise between the alleged efficiencies of certain practices, on the one hand, and their anti-competitive effects, on the other, reflects the complexity of two-sided markets and raises some fundamental questions.  

The recent online hotel booking cases in the EU showcase some of the challenges posed by that trade-off between anticompetitive effects and efficiencies. National competition authorities (NCAs) investigated the clauses in the contracts between the three largest online travel agents (OTAs) and their hotel partners imposing so called rate parity, i.e. the obligation by the hotelier to display the same room prices across sales channels. The parallel assessments conducted by the NCAs revealed an array of serious anticompetitive effects stemming from rate parity obligations. Confronted with allegations of anticompetitive behaviour, the OTAs defended themselves by alleging that, among other things, without rate parity, their specific efforts and investments conducive to the matching of the two market sides could be exploited by free-riders. In two separate decisions, the German NCA concluded that there was insufficient evidence of the efficiency gains of rate parity obligations. Instead, the French, Italian and Swedish NCAs, by accepting the commitments of one of the OTAs to reduce the scope of such clauses, implicitly recognised that some sort of protection against free-riding might be warranted.

The assessment of the efficiency defence put forth by the OTAs raised a number of largely unexplored questions, and the competition authorities involved in the hotel online booking investigations have already tackled most of them. Missing so far, however, is an in-depth analysis of those findings.  While promoting a timely debate of these important components of an antitrust-based platform regulation, the main contribution of this paper is to suggest that the traditional free-riding defence might require, at least in some instances, some measure of explicit adaptation when applied to the most important actors of the digital economy.


How Technology Hijacks People’s Minds — from a Magician and Google’s Design Ethicist

T. Harris, Here.

Google answered some of our questions about its fancy new AI chip

Recode, Here.

Istruttoria nei confronti di Net Service per ipotesi di abuso della posizione dominante

Provvedimento qui.

La CNMC impugna el Decreto sobre viviendas vacacionales en Canarias

CNMC, here.

Oracle-Google Dispute Goes to Heart of Open-Source Software

NYTimes, here

Kartellrechtliche Beschränkung von Online-Verkäufen über Amazon und eBay

Cmshs-bloggt.de, hier.
Vorlagebeschluss hier.

Goodreads is finally cashing in on its devoted community

Wired, here

UK High Court on Plain Packaging

"The" Expert
Here.
Worthwhile read for your week-end.

Read also here.



"I earn a living fronting an organization that kills one thousand two hundred human beings a day; twelve hundred people. We're talking two jumbo jet plane loads of men, women, and children. I mean there's Attila, Genghis, and me, Nick Naylor the face of cigarettes, the colonel Sanders of nicotine. This is where I work, the Academy of Tobacco Studies. It was established by seven gentlemen you may recognize from C-Span. These guys realized quick if they were gonna claim cigarettes were not addictive they better have proof. This is the man they rely on, Erhardt Von Grupten Mundt. They found him in Germany. I won't go into the details. He's been testing the link between nicotine and lung cancer for thirty years, and hasn't found any conclusive results. The man's a genius, he could disprove gravity."
Thank you for smoking

Third Circuit Provides Guidance on Loyalty Discounts

Schiff Hardin, Here.

Google's Data Dominance

M. Kearns, here.

Big Data Enters the Agenda of EU Antitrust Authorities

Skadden, here.

Technology‑led Innovation and Emerging Services in the Canadian Financial Services Sector

Competition Bureau, here.

Google’s chatbot strategy is missing something important

VentureBeat, here

Data Mobility at the Intersection of Data, Trade Secret Protection and the Mobility of Employees in the Digital Economy

G. Surblyte, here.

Google Appeals French Right-To-Be-Forgotten Ruling

NYTimes, here.

The Dutch parliament bans zero rating

EDRi, here.

Shared, Collaborative and On Demand: The New Digital Economy

Pew, Study here

TTIP on Competition

Wikileaks, here

The CMA is right to place its faith in tech, not gimmicks

Cityam.com, here

Majority of accommodation providers in the EU offer online booking

Eurostat, here

Online tracking: A 1-million-site measurement and analysis

S. Englehardt, A. Narayanan, here

It’s the Data, Stupid: What Elsevier’s purchase of SSRN also means

SavageMinds, here

The Smoking Gun in Android Antitrust Case

TheInformation, here

Staples/Office Depot: Memorandum Opinion

E. Sullivan, here

TripAdvisor chief on Instant Book, hotel direct campaigns and tours and activities

Travolution.com, here

Guide to big data and the Australian Privacy Principles

Office of the Australian Information Commissioner, Consultation Draft, here

Oracle CEO claims it discounted Java by 97.5% to beat out Android on Amazon’s Paperwhite

TechCrunch, here

Less Logic, More Health: How Behavioral Economics Can Improve Incentives

Knowledge@Wharton, here

Training Computer Programs

Wired, here

Colleges Shouldn’t Have to Deal With Copyright Monitoring

P. Samuelson, here

An Introduction to Intellectual Property

M. Lemley P. Menell, R. Merges, here.

Google To Enter The Chat Bot Market With New Developer Tools, Integrations

AndroidPolice, here

EU-wide cybersecurity rules adopted by the Council

Council of the EU, here

Sharing Research Data

S. Summers, Presentation here

Runkeeper: A Message to Our Users

Here. And reply by the Forbrukerådet here.

Polish competition authority declares that Uber does not pose a threat to competition and protection of consumer interests.

A. Stawicki, here.
Statement of UOKiK's position here

Tripadvisor chief Stephen Kaufer sees no threat from direct hotel booking

IrishTimes, here

Waze va concurrencer BlaBlaCar avec un service de covoiturage

Numerama, ici

Pratiques Unilatérales

F. Marty, A. Wachsmann, Chroniques ici

CMA warns UK estate agents against colluding in online portal selection

EU-competitionlaw.com, here.

Elsevier acquires online community SSRN

TheBookseller, here.
See also here.
See Elsevier's post here.
There is somewhere a lesson to be learned about how communities are formed and monetized in the platform society. Moreover, would authors respond/react by increasingly disintermediating (own blog, other more "private" repositories, etc.), possibly? Or what about a broader ArXiv?

Oracle v. Google - Day 5

S. Jeong, Storify here

Die Hotel-Branche soll die Zimmerpreise von Buchungsplattformen wieder unterbieten dürfen, kündigt Wirtschaftsminister

Tiroler Tageszeitung, hier

Retail banking market investigation: Provisional decision on remedies

CMA, here.

Waze brings its carpooling service to the Bay Area

TechCrunch, here.

A brief history of disobedience

Seriously..., Podcast here.

How much of an optimistic disobedient person are you?


Vermieter zeigen Berliner Ferienwohnungs-Verbot bei EU an

Morgenpost, hier.

Made in Roma - Marchi di produzione e di possesso nella società antica

Museo dei Fori Imperiali, Mostra, info qui.
V. anche S. Pastor, Dal “Domo Roma” al “Made in Roma”, qui.

Blockchain startups make up 20% of largest crowdfunding projects

VentureBeat, here.

Tacit Agreement Under Section 1 of the Sherman Act

W. Page, here.

Online Platforms, Competition Rules and Consumer Protection in Travel Industry

M. Colangelo, V. Zeno-Zencovich, here.

European Union Competition Law, Intellectual Property Law and Standardization

D. Geradin, here.

The Problem of Intra-Personal Cost

B. Galle, here.

Hail and Farewell to The Google Books Case

J. Grimmelmann, here.

Forbes Tests New Tactics to Combat Ad Blocking

Forbes, Here.

The inside story of Facebook’s biggest setback

TheGuardian, Here.

Some hope for software patents in the US after the CAFC's Enfish decision, but this is no game-changer

Iam-Media, Here.

How expiring patents are ushering in the next generation of 3D printing

TechCrunch, Here.

Uber’s Antitrust Problem

Prospect.org, here.

In a $9 Billion Trial, Google's Secret Weapon Is a Filing Cabinet

MotherBoard, here

With help from Alexa, Kayak debuts voice-enabled travel search on Amazon Echo

SearchEngineLand, here

Fair use’ test at heart of $9 billion Google-Oracle copyright trial

MLex, here

GDPR and privacy are smokin’ hot for innovation right now

S. Carroll, here

Google to ban payday loan advertisements

WashingtonPost, here.
See also Led Astray, here

An EU exception for Text and Data Mining in the pipeline

Kluwer Copyright Blog, here

Targeted online ads: Do customers benefit from giving out personal information to advertisers?

Stanford Business, here

Patent Trolls: Moral Panics, Motions in Limine, and Patent Reform

E. Lee, here

Android Share Growth is Highest in EU5 (Great Britain, Germany, France, Italy, and Spain) in Over Two Years

Kantarworldpanel, here

3D, yes. But do it yourself not so much.

InsideStory, here

Wal-Mart Takes Another Swipe at Fees for Payment Cards

Bloomberg, here

Innovative uses of consumer data by financial institutions

EBA, Discussion Paper, here

Où est passé le bien commun ?

J. Tirole, ici

Keeping Pace in the Digital Age

T. McSweeney, Video here. Written comments here.

The next AI is no AI

TechCrunch, here

The Information Age is over; welcome to the Experience Age

TechCrunch, here

Challenging Anticompetitive Acquisitions and Enforcement of Patents

AAI, here

How Android gets to 100% market share

TechCrunch, here.

Facebook is building AI that builds AI

Wired, here

Italian Film Industry Condemns Paramount’s EU Antitrust Deal

HollywoodReporter, here

CMA publishes one stop guide to obtaining redress for competition law breaches

Out-law.com, here

New regulations for the grocery sector now in force in Ireland

CCPC, here

eBay acquires AI-powered big data processor Expertmaker

TechCrunch, here

An analytical review of text and data mining practices and approaches in Europe

OFE, here

Regulating Patent Hold-Up

LCII Policy Brief, here

3D printing companies request Supreme Court clarification over cheerleader uniform copyright case

3ders.org, here.
Petition here.
Amicus Brief here

Open Data, Privacy, and Fair Information Principles: Towards a Balancing Framework

F. Borgesius, J. Gray & M. van Eechoud, here

Sensay, a chatbot for getting help with any task, passes 1 million users

VentureBeat, here

Merger Remedies Guide

ICN Merger Working Group, here

Government Advocacy and Disruptive Innovations

ICN Special Project Report, here.

Google AI has access to huge haul of NHS patient data

NewScientist, here.

Liability for robots/AI generated harm

N. Petit, presentations here and here.

Disruptive innovation: Competition enforcement challenges and advocacy opportunities

OECD Forum, contributions here.

Anticipating Disruptive Strategies

Deloitte, here.

Australia should follow Europe against US digital giants

TheAustralian, here.

Los grandes fabricantes alertan: la marca blanca es 'invisible' para Competencia

ElEspanol, aquí

Google y el abuso de posición de dominio: una cronología

CNMC, here.

Online platforms: Commission wants to make the internet more like traditional media

Communia, here.

Google Is Feeding Romance Novels To Its Artificial Intelligence Engine To Make Its Products More Conversational

BuzzFeed, here.

Ever-Litigious Apple Loses Copyright Battle With China Over iPhone

Sputniknews, here.

Accountable Algorithms


J. Kroll, J. Huey, S. Barocas, E. Felten, J. Reidenberg, D. Robinson, and H. Yu, here.

Big Data: A Report on Algorithmic Systems, Opportunity, and Civil Rights

The White House, here.

The boundaries of the “premium sports rights” category and its competition law implications

M. Montejo, here

Online Platforms and the EU Digital Single Market

O. Batura, N. van Gorp, P. Larouche (and L.Filistrucchi), here.
TNO/Ecorys/IViR Report here

Musicians: canaries in the coalmine

J. Lanier, here.
WIPO Magazine, Interview here

Who's downloading pirated papers?

ScienceMag.org, here.

What is the European Commission’s problem with Google and Android?

M. Martyniszyn, here

Will blockchains remove the need for an intermediary?

iDate, here

Airbnb dumps Berlin holiday flats before city crackdown

IrishTimes, here

Bathroom supplier fined £826,000 for restricting online prices

CMA, here.

"The CMA will issue its formal infringement decision shortly."

Google Shuts Out Competitors on Android? Hardly

NYTimes, here

Exploring the Boundaries of Big Data

WRR, here

Google Tests Feature That Lets Media Companies, Marketers Publish Directly to Search Results

WSJ, here