This groundbreaking book explores the new legal and economic challenges triggered by big data, and analyses the interactions among and between intellectual property, competition law, free speech, privacy and other fundamental rights vis-à-vis big data analysis and algorithms.
Offering both theoretical and practical insights, contributions illustrate the disruptive nature of the data-driven economy. Chapters discuss how products and services are digitalised and broken into bits, that in turn are reassembled, traded and used across sectors and borders, in contrast to how algorithms are already used to influence our choices, govern our news feeds and revolutionise business models at large. Having shown algorithms and big data to be the two fundamental driving forces of the new information society, expert authors explore which policy options, institutional frameworks and values should be adopted by lawmakers and regulatory authorities in order to ensure a fair balance between private interests such as competition, innovation and the fundamental rights of individuals.
Innovatively combining both public and private law perspectives, this unique book will provide a valuable resource for scholars and students of information and technology law, media law, privacy, regulatory and human rights law. Its attention to the latest developments will also prove essential for policymakers and practitioners working in related areas.
Contributors include: S. Almog, V. Bagnoli, D. Canapa, A. Capobianco, G. De Gregorio, M. Durovic, L. Franco, P. Gonzaga, F. Lagioia, S. Langenstein, F. Lech, R. Nazzini, S. Oliveira Pais, R. Podszun, S. Ranchordas, G. Sartor, O. Soldatov
Introduction – Joe Cannataci, Valeria Falce, Oreste Pollicino
1. Big Data and Big Database between Privacy and Competition
Sofia Oliveira Pais
2. Competition Challenges of Big Data: Algorithmic Collusion, Personalised Pricing and Privacy
Antonio Capobianco and Pedro Gonzaga
3. Antitrust Enforcement and Privacy Standards
4. Mergers, Data Markets and Competition
5. Platforms Role and Intermediary Responsibility
6. Global Big Data and Consumer Law
Mateja Durovic and Franciszek Lech
7. Data as an Input in Competition Law Cases – Standards, Difficulties and Biases in EU Merger Control
Rupprecht Podzsun and Sarah Langenstein
8. Breaking Down Information Silos with Big Data: A Legal Analysis of Data Sharing
Giovanni De Gregorio and Sofia Ranchordas
9. The Relationship between Freedom of Expression and Big Data
10. Lawless Social Networks and Big Data as Safe Net for Children
Shulamit Almog and Liat Franco
11. Artificial Intelligence in the Big Data era: Risks and Opportunities
Francesca Lagioia and Giovanni Sartor