The document discusses challenges that regulators face with the digital economy and sharing economy. It summarizes the European Commission's approach which focuses on soft law and ensuring a level playing field. It questions whether all platforms are alike and if traditional concepts need redefining. The role of platforms is examined in relation to the freedom to provide services and liability. Reflections are provided on whether new legal concepts or public interest goals are needed given that sharing economy concepts may not be useful legally. It concludes distinguishing different digital business models is important for sound regulation.
This presentation by Anna WU, Chief Executive, Chair, Competition Commission, Hong Kong, China was made during the discussion on "Promoting competition, protecting human rights" held at the 15th Global Forum on Competition on 1 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/promoting-competition-protecting-human-rights.htm
Presentation by Asa Johansson at the OECD Global Conference on Governance Innovation which took place in Paris on 13-14 January 2020. Further information is available at http://www.oecd.org/gov/regulatory-policy/oecd-global-conference-on-governance-innovation.htm.
This presentation by Ioannis Lianos, President, Hellenic Competition Commission, was made during the discussion “Line of business restrictions and competition concerns” held at the 69th meeting of the OECD Working Party No. 2 on Competition and Regulation on 8 June 2020. More papers and presentations on the topic can be found out at oe.cd/lobr
This presentation by B. Mkatshwa, M. Tshabalala and S. Phala summarises the key findings of their research paper on prioritising gendered public interest considerations submitted to the OECD project on Gender inclusive competition policy. It was delivered during a workshop held virtually on 7 October 2021.
More materials on the topic can be found at http://oe.cd/gicp.
This presentation was uploaded with the authors’ consent.
These slides by the OECD Competition Division introduce the OECD background note presented during the discussion on "Big Data: Bringing competition policy to the digital era" held during the 126th meeting of the OECD Competition Committee on 29 November 2016. More papers and presentations on the topic can be found out at www.oecd.org/daf/competition/big-data-bringing-competition-policy-to-the-digital-era.htm
This presentation by UNCTAD was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Anna WU, Chief Executive, Chair, Competition Commission, Hong Kong, China was made during the discussion on "Promoting competition, protecting human rights" held at the 15th Global Forum on Competition on 1 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/promoting-competition-protecting-human-rights.htm
Presentation by Asa Johansson at the OECD Global Conference on Governance Innovation which took place in Paris on 13-14 January 2020. Further information is available at http://www.oecd.org/gov/regulatory-policy/oecd-global-conference-on-governance-innovation.htm.
This presentation by Ioannis Lianos, President, Hellenic Competition Commission, was made during the discussion “Line of business restrictions and competition concerns” held at the 69th meeting of the OECD Working Party No. 2 on Competition and Regulation on 8 June 2020. More papers and presentations on the topic can be found out at oe.cd/lobr
This presentation by B. Mkatshwa, M. Tshabalala and S. Phala summarises the key findings of their research paper on prioritising gendered public interest considerations submitted to the OECD project on Gender inclusive competition policy. It was delivered during a workshop held virtually on 7 October 2021.
More materials on the topic can be found at http://oe.cd/gicp.
This presentation was uploaded with the authors’ consent.
These slides by the OECD Competition Division introduce the OECD background note presented during the discussion on "Big Data: Bringing competition policy to the digital era" held during the 126th meeting of the OECD Competition Committee on 29 November 2016. More papers and presentations on the topic can be found out at www.oecd.org/daf/competition/big-data-bringing-competition-policy-to-the-digital-era.htm
This presentation by UNCTAD was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
Presentation by Paulo Magina, Head of the Public Procurement Unit, OECD Public Governance Directorate, on the new maps: experiences from assessing public procurement systems, Tbilisi, 6-7 November 2019.
This presentation by the Latvian Competition Authority was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
Disruptive innovations raise questions for competition law enforcement, for instance when considering mergers between disruptive innovators and incumbents, or exclusionary conduct by incumbents against innovators. Incumbents not only have an incentive to destroy an innovation by merger or exclusion, but might also inadvertently kill it through acquisition. This presentation on Competition and Disruptive Innovation was made by Antonio Gomes, Head of the OECD Competition Division was made at the 7th ASEAN Competition Conference held in Malaysia in 8-9 March - http://7thacc.com/.
Find out more about OECD work on competition law and policy http://www.oecd.org/daf/competition/
This presentation by the Austrian Competition Authority was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Sabine Zigelski (Senior Competition Expert, OECD) was delivered during the virtual launch of the publication “Fighting Rigging in the Energy Sector in Ukraine – A review of Public Procurement at Ukrenergo” held on 15 June 2021. The report, highlights brochure and other materials can be found at http://oe.cd/fbr-nrg-ukr.
This presentation by Geoffrey A. Manne, Founder & Executive Director of the International Center for Law and Economics was made during the discussion on "Big Data: Bringing competition policy to the digital era" held during the 126th meeting of the OECD Competition Committee on 29 November 2016. More papers and presentations on the topic can be found out at www.oecd.org/daf/competition/big-data-bringing-competition-policy-to-the-digital-era.htm
This presentation by Simeon Thornton, Director, UK Competition and Markets Authority, was made during the discussion “Line of business restrictions and competition concerns” held at the 69th meeting of the OECD Working Party No. 2 on Competition and Regulation on 8 June 2020. More papers and presentations on the topic can be found out at oe.cd/lobr
This presentation by Inge Graef, Associate Professor of Competition Law, Tilburg University, was made during the discussion “Data portability, interoperability and competition” held at the 135th meeting of the OECD Competition Committee on 9 June 2021. More papers and presentations on the topic can be found out at oe.cd/dpic.
This presentation by Jose Luis Buendía, Partner, Garrigues, was made during the discussion “The promotion of competitive neutrality by competition authorities” held at the 20th meeting of the OECD Global Forum on Competition on 8 December 2021. More papers and presentations on the topic can be found out at oe.cd/pcnca.
This presentation by the OECD Secretariat was prepared for the discussion on “Using market studies to tackle emerging competition issues” held at the 19th OECD Global Forum on Competition on 10 December 2020. More papers and presentations on the topic can be found at http://oe.cd/mstei.
This presentation was uploaded with the author’s consent.
This presentation by Arno Rasek, Chief Economist of the Bundeskartellamt, Germany, was made during the discussion “Rethinking the use of traditional antitrust enforcement tools in multi-sided markets” held at the 127th meeting of the OECD Competition Committee on 22 June 2017. More papers and presentations on the topic can be found out at oe.cd/1ZZ.
This presentation by Johannes Erlandsson from the Swedish Competition Authority was made during the discussion “Safe harbours and legal presumptions in competition law” held at the 128th meeting of the OECD Competition Committee on 5 December 2017. More papers and presentations on the topic can be found out at oe.cd/21v.
This presentation by Enrique VERGARA (President of the Competition Tribunal of Chile) was made during the discussion “Judicial perspectives on competition law” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/jpcl.
This presentation by L. Pinheiro, A.C. Faye, M. Ginn, J. Lehmann and J. Posch (Analysis Group) summarises the key findings of their research paper on the Analysis of Market Definition and Competitive Effects submitted to the OECD project on Gender inclusive competition policy. It was delivered during a workshop held virtually on 7 October 2021.
More materials on the topic can be found at http://oe.cd/gicp.
This presentation was uploaded with the authors’ consent.
This presentation by Helen JENKINS, Managing Partner of OXERA was made during the discussion on “Market study methodologies for competition authorities” held at the 125th meeting of the OECD Working Party No. 3 on Co-operation and Enforcement on 20 June 2017. More papers and presentations on the topic can be found out at oe.cd/1ZX.
This presentation by the OECD Competition Division was made during a roundtable discussion on Public interest considerations in merger control held at the 123rd meeting of the Working Party No. 3 on Co-operation and Enforcement on 14 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/public-interest-considerations-in-merger-control.htm
This presentation by the Netherlands Authority for Consumers & Markets, was made during the discussion “Data portability, interoperability and competition” held at the 135th meeting of the OECD Competition Committee on 9 June 2021. More papers and presentations on the topic can be found out at oe.cd/dpic.
This presentation by Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law, was made during the discussion “The promotion of competitive neutrality by competition authorities” held at the 20th meeting of the OECD Global Forum on Competition on 8 December 2021. More papers and presentations on the topic can be found out at oe.cd/pcnca.
Presentation by Dariusz Koba, Poland, on contract award criteria, at the third regional conference on public procurement for ENP East countries, Tbilisi, 6-7 November 2019.
Presentation by Paulo Magina, Head of the Public Procurement Unit, OECD Public Governance Directorate, on the new maps: experiences from assessing public procurement systems, Tbilisi, 6-7 November 2019.
This presentation by the Latvian Competition Authority was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
Disruptive innovations raise questions for competition law enforcement, for instance when considering mergers between disruptive innovators and incumbents, or exclusionary conduct by incumbents against innovators. Incumbents not only have an incentive to destroy an innovation by merger or exclusion, but might also inadvertently kill it through acquisition. This presentation on Competition and Disruptive Innovation was made by Antonio Gomes, Head of the OECD Competition Division was made at the 7th ASEAN Competition Conference held in Malaysia in 8-9 March - http://7thacc.com/.
Find out more about OECD work on competition law and policy http://www.oecd.org/daf/competition/
This presentation by the Austrian Competition Authority was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Sabine Zigelski (Senior Competition Expert, OECD) was delivered during the virtual launch of the publication “Fighting Rigging in the Energy Sector in Ukraine – A review of Public Procurement at Ukrenergo” held on 15 June 2021. The report, highlights brochure and other materials can be found at http://oe.cd/fbr-nrg-ukr.
This presentation by Geoffrey A. Manne, Founder & Executive Director of the International Center for Law and Economics was made during the discussion on "Big Data: Bringing competition policy to the digital era" held during the 126th meeting of the OECD Competition Committee on 29 November 2016. More papers and presentations on the topic can be found out at www.oecd.org/daf/competition/big-data-bringing-competition-policy-to-the-digital-era.htm
This presentation by Simeon Thornton, Director, UK Competition and Markets Authority, was made during the discussion “Line of business restrictions and competition concerns” held at the 69th meeting of the OECD Working Party No. 2 on Competition and Regulation on 8 June 2020. More papers and presentations on the topic can be found out at oe.cd/lobr
This presentation by Inge Graef, Associate Professor of Competition Law, Tilburg University, was made during the discussion “Data portability, interoperability and competition” held at the 135th meeting of the OECD Competition Committee on 9 June 2021. More papers and presentations on the topic can be found out at oe.cd/dpic.
This presentation by Jose Luis Buendía, Partner, Garrigues, was made during the discussion “The promotion of competitive neutrality by competition authorities” held at the 20th meeting of the OECD Global Forum on Competition on 8 December 2021. More papers and presentations on the topic can be found out at oe.cd/pcnca.
This presentation by the OECD Secretariat was prepared for the discussion on “Using market studies to tackle emerging competition issues” held at the 19th OECD Global Forum on Competition on 10 December 2020. More papers and presentations on the topic can be found at http://oe.cd/mstei.
This presentation was uploaded with the author’s consent.
This presentation by Arno Rasek, Chief Economist of the Bundeskartellamt, Germany, was made during the discussion “Rethinking the use of traditional antitrust enforcement tools in multi-sided markets” held at the 127th meeting of the OECD Competition Committee on 22 June 2017. More papers and presentations on the topic can be found out at oe.cd/1ZZ.
This presentation by Johannes Erlandsson from the Swedish Competition Authority was made during the discussion “Safe harbours and legal presumptions in competition law” held at the 128th meeting of the OECD Competition Committee on 5 December 2017. More papers and presentations on the topic can be found out at oe.cd/21v.
This presentation by Enrique VERGARA (President of the Competition Tribunal of Chile) was made during the discussion “Judicial perspectives on competition law” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/jpcl.
This presentation by L. Pinheiro, A.C. Faye, M. Ginn, J. Lehmann and J. Posch (Analysis Group) summarises the key findings of their research paper on the Analysis of Market Definition and Competitive Effects submitted to the OECD project on Gender inclusive competition policy. It was delivered during a workshop held virtually on 7 October 2021.
More materials on the topic can be found at http://oe.cd/gicp.
This presentation was uploaded with the authors’ consent.
This presentation by Helen JENKINS, Managing Partner of OXERA was made during the discussion on “Market study methodologies for competition authorities” held at the 125th meeting of the OECD Working Party No. 3 on Co-operation and Enforcement on 20 June 2017. More papers and presentations on the topic can be found out at oe.cd/1ZX.
This presentation by the OECD Competition Division was made during a roundtable discussion on Public interest considerations in merger control held at the 123rd meeting of the Working Party No. 3 on Co-operation and Enforcement on 14 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/public-interest-considerations-in-merger-control.htm
This presentation by the Netherlands Authority for Consumers & Markets, was made during the discussion “Data portability, interoperability and competition” held at the 135th meeting of the OECD Competition Committee on 9 June 2021. More papers and presentations on the topic can be found out at oe.cd/dpic.
This presentation by Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law, was made during the discussion “The promotion of competitive neutrality by competition authorities” held at the 20th meeting of the OECD Global Forum on Competition on 8 December 2021. More papers and presentations on the topic can be found out at oe.cd/pcnca.
Presentation by Dariusz Koba, Poland, on contract award criteria, at the third regional conference on public procurement for ENP East countries, Tbilisi, 6-7 November 2019.
Marsden CELPU 2021 platform law co-regulationChris Marsden
12 November 2021 20th Annual International Conference, Center for Law & Public Utilities, School of Law, Seoul National University: The Wave of Digital Economy and Exploration of the Direction of Online Platform Regulation
Professor Chris Marsden, Sussex Law @SussCIGR
Discussion: Dr Eun-Jung Kwon (KISDI)
With a number of recent and upcoming developments in the OECD's international tax work, we invite you to join a live webcast with experts from the Centre for Tax Policy and Administration for an update on the work relating to the tax challenges arising from the digitalisation of the economy, in view of the upcoming G20 Finance Ministers meeting.
Website: http://oe.cd/taxtalks
This presentation by Helder Vasconcelos, Vice-Rector at Porto University, was made during the discussion “Merger Control in Dynamic Markets” held at the 18th meeting of the OECD Global Forum on Competition on 6 December 2019. More papers and presentations on the topic can be found at oe.cd/mcdym.
CNP EXPO _ Payvision Landing in Europe a regulatory approachPayvision
In his presentation Ignacio Gonzalez-Paramo, VP Global Compliance PAYVISION, will try to provide the audience with an insight on why EU regulation is strategically key for those willing to establish in the EU or to strengthen their market positioning there.
On top of that, he will also walk the attendees through the key actors in the European policy making process, as well as the most important pieces of legislation to be borne in mind by potential or existing EU CNP players. Ignacio will also underscore the regulatory issues that might imply hurdles for running a CNP business.
And, to end with, he will provide some pieces of advice on how to successfully address those issues.
• Understand why a regulatory strategy is needed.
• Get familiar with:
o Main actors in the EU Policy making process.
o Types of EU legal and regulatory instruments.
o Key pieces of legislation (for the payments business).
o Specific issues to overcome.
• Provide guidance on how to minimize regulatory business implications.
o Strategic alliances & partnerships, licensing options).
– “Enterprise, employment and unemployment in the digital economy”
International Conference | University of Brescia, 12-13 October 2017
– Labour 2030, Rethinking the Future of Work
International Conference | Porto, 13-14 July 2017
This presentation by Deborah Healy, Professor, Faculty of Law, University of New South Wales, was made during the discussion on “Competition law and state-owned enterprises”, held during the 17th OECD Global Forum on Competition on 30 November 2018. More documents and presentations on this topic can be found at oe.cd/csoes.
The European perspective – an EU update
The EU Collective Rights Management Directive is now being implemented, and the EU #digitalsinglemarket project – pre-Brexit - includes a review of the satellite and cable directive as well as a copyright and safe harbours review. Since the beginning of 2015, more than four consultations have been conducted, three communications delivered, one resolution by the European Parliament adopted, and one new regulation has been drafted.
Where is this all going? What are the new rules, the latest discussions and the implications?
Sophie Goossens, August Debouzy and acting for the European Commission cross-sector consultation on the future EU Funding programs in music
Presentation at Sydney University on digital platform competition_11 October ...Luke Wainscoat
Presentation to students at Sydney University in the competition law course on competition between digital platforms and whether ex ante regulation of those platforms is needed.
Join senior members from the OECD's Centre for Tax Policy and Administration (CTPA) for a webcast as they give the latest update on the OECD/G20 BEPS Project.
View the webcast: http://www.oecd.org/ctp/webcast-update-on-beps-project.htm
Blockchain and Distributed Ledger Technologies: An EU Policy PerspectiveITU
• Digital Single Market-ICT Standards priorities
• Blockchain and financial markets
• European Parliament contributions
• The FinTechTask Force
• Application areas for blockchain
• EU initiatives
Author : Benoit Abeloos, EC, DG CNECT, Startups and
Innovation Unit
Rationality and irrationality in EU payments 2014Simon Lelieveldt
Slide deck of a presentation on institutional dynamics behind EU legislation in payments. It describes the formal motivation as well as the actual drivers. Presented in the Jean Monnet Module on Europeanisation of the payment system, October 24, 2014, Siena.
See for more publications and presentations:
http://www.simonl.org/publications/
This presentation by the Norwegian Competition Authority was made during a workshop on “Regulation and competition in light of digitalisation” held by the OECD in Paris on 31 January 2018. More papers and presentations on the topic can be found out at oe.cd/wrcd.
BEPS Webcast #4 - Presentation of 2014 DeliverablesOECDtax
As part of the official launch of the BEPS 2014 Deliverables, you are invited to join senior members from the OECD's Centre for Tax Policy and Administration (CTPA) for a live webcast on 16 September 2014 at 4:00PM (CEST, Paris time) as they discuss the details of the first set of deliverables, the involvement of developing countries, the input from stakeholders, as well as the planned next steps.
View the webcast: http://www.oecd.org/tax/beps-webcasts.htm
Similar to Martinez mata scientific seminar_2017 (20)
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019, Florence).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019, Florence).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019, Florence).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019, Florence).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019, Florence).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019, Florence).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Keynote presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019, Florence).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and Digital Economy (21-22 March 2019, Florence).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019, Florence)
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
Presentation delivered at the EUI in Florence during the FSR C&M, CMPF and FCP Annual Scientific Seminar on 'Competition, Regulation and Pluralism in the Online World' (22-23 March 2018).
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Sharpen existing tools or get a new toolbox? Contemporary cluster initiatives...Orkestra
UIIN Conference, Madrid, 27-29 May 2024
James Wilson, Orkestra and Deusto Business School
Emily Wise, Lund University
Madeline Smith, The Glasgow School of Art
Acorn Recovery: Restore IT infra within minutesIP ServerOne
Introducing Acorn Recovery as a Service, a simple, fast, and secure managed disaster recovery (DRaaS) by IP ServerOne. A DR solution that helps restore your IT infra within minutes.
Have you ever wondered how search works while visiting an e-commerce site, internal website, or searching through other types of online resources? Look no further than this informative session on the ways that taxonomies help end-users navigate the internet! Hear from taxonomists and other information professionals who have first-hand experience creating and working with taxonomies that aid in navigation, search, and discovery across a range of disciplines.
0x01 - Newton's Third Law: Static vs. Dynamic AbusersOWASP Beja
f you offer a service on the web, odds are that someone will abuse it. Be it an API, a SaaS, a PaaS, or even a static website, someone somewhere will try to figure out a way to use it to their own needs. In this talk we'll compare measures that are effective against static attackers and how to battle a dynamic attacker who adapts to your counter-measures.
About the Speaker
===============
Diogo Sousa, Engineering Manager @ Canonical
An opinionated individual with an interest in cryptography and its intersection with secure software development.
This presentation by Morris Kleiner (University of Minnesota), was made during the discussion “Competition and Regulation in Professions and Occupations” held at the Working Party No. 2 on Competition and Regulation on 10 June 2024. More papers and presentations on the topic can be found out at oe.cd/crps.
This presentation was uploaded with the author’s consent.
Competition and Regulation in Professional Services – KLEINER – June 2024 OEC...
Martinez mata scientific seminar_2017
1. BOLKESTEIN REVISITED
IN THE ERA OF THE SHARING ECONOMY
SCIENTIFIC SEMINAR ON COMPETITION, REGULATION AND FREEDOM OF
EXPRESSION IN DIGITAL MARKETS, EUROPEAN UNIVERSITY INSTITUTE
Yolanda Martínez Mata
Florence, 24 March 2017
2. • Introduction
• The digital economy bears new challenges for regulators
• Current state of play: How is the EU facing these challenges?
• The sharing economy as part of the European Commission’s Digital Agenda
• The crucial role of platforms in the sharing economy
• The freedom to provide services and the sharing economy
• The way forward: some reflections
• Need for (new) well-defined legal concepts?
• Broadening the list of public interest objectives?
• Are current market access requirements adequate and proportionate?
Index
2
3. The digital economy bears new challenges for regulators
• Major change in the digital economy: multi-sided markets (service provider +
intermediary/platform + user/consumer)
• Multi-sided markets pre-date the Internet (e.g. shopping malls), but the
Internet boosted the phenomenon to unprecedented dimensions
• The digital economy may not be a novelty any more but its challenges remain
“new” for regulators. No surprise: the Law always lags behind reality
• Major questions:
• Public actors: Is regulation necessary? Which is the authority best placed to regulate?
• Private actors: Should there be clear legal boundaries between traditional businesses
and new businesses?
Introduction
3
5. • 6 May 2015: Digital Single Market Strategy kick-off
“creating the right conditions and a level playing field for advanced digital
networks and innovative services”
• 24 September 2015: public consultation on the regulatory
environment for platforms, online intermediaries, data and cloud
computing, and the collaborative economy
• 25 May 2016: e-commerce package + Communication on
platforms
• 2 June 2016: Communication on the sharing economy
Sharing Economy as part of the European Commission’s
Digital Agenda (i)
5
6. Some remarks on European Commission’s 2016 Communications:
• Choice made (for now): soft law
• Existing Regulations/Directives and case-law suffice. No new secondary
instrument envisaged
• Digital platforms and on-line intermediaries are key economic actors in
the global economy
• EU competitiveness worldwide may depend on how the EU facilitates
business opportunities for these actors
• Review process still on-going
Sharing Economy as part of the European Commission’s
Digital Agenda (ii)
6
7. • The legal rationale under the Services Directive
• Any regulation may be a barrier to the Single Market
• Member States may still regulate provided that there is a mandatory
public interest [art. 4(8) Dir. – open list]
• Measures adopted must pass a double test: necessity + proportionality
• The legal rationale under the E-Commerce Directive
• In addition to being an ISS, is the platform a pure noticeboard?
• If it is not
• If it is
Sharing Economy as part of the European Commission’s
Digital Agenda (iii)
7
Limited liabilities regime
8. • The European Commission’s starting point: “In all, online platforms foster digital
value creation that will generate economic growth in the digital single market.
Their importance implies that facilitating and supporting the emergence of
competitive EU based platforms is both an economic and strategic imperative
for Europe”.
• Are all platforms alike? How do we define a ‘platform’?
• Pure marketplaces vs. Intermediary service providers
• The European Commission’s dilemma:
Risk to limit innovation (EU lags behind US and Asia) vs. need to protect
traditional EU welfare/social objectives
Crucial role of platforms in the Sharing Economy (i)
8
9. • European Commission’s principles for action:
• A level playing field for comparable digital services
• Responsible behaviour of online platforms to protect core values
• Transparency and fairness for maintaining user trust and
safeguarding innovation
• Open and non-discriminatory markets in a data-driven economy
Crucial role of platforms in the Sharing Economy (ii)
9
10. • Platforms provide an information society service within the scope of
the E-Commerce Directive. Is it limited to pure intermediation?
• No liability for the underlying service/information (Art. 12 et seq.)
• Relevant case-law specifications: Google and E-bay cases: neutrality is key!
• No obligation to monitor (Art. 15) vs. factual awareness of illegalities (Art. 14)
• The Commission’s proposed distinction criteria: who sets the price?, who
decides key contractual terms?, who owns key assets?
• May other criteria be relevant? E.g. intervention in marketing activities,
presentation of customers reviews, etc.
Crucial role of platforms in the Sharing Economy (iii)
10
11. • The importance of a “level playing field”
• True
Equal activities deserve equal regulatory treatment; and
providing services through the Internet does not affect the nature of the service (i.e.
digital economy and traditional economy to be treated alike)
• False (…or at least, not necessarily true!)
New business models are equal to (have the same effects than) traditional business
models; and
they must be subject to the same regulatory requirements.
Freedom to provide services and Sharing Economy (i)
11
12. • The importance of a “level playing field”
• Non-discrimination principle (equal treatment): treating similar
situations alike and dissimilar situations differently
• Therefore, if the impact/effects/externalities of the activity are different,
different regulatory measures may be justified
• Substitutability analyses from a Competition Law perspective (i.e.
covering the same demand) may not be sufficient to assess that impact
Freedom to provide services and Sharing Economy (ii)
12
Legislating only by nature of the activity (i.e. lodging, transport, etc.), regardless
of the means of performing that activity (i.e. professional activity, full-time,
part-time, type of premises, etc.), may give rise to substantial inequalities and
undesirable results.
14. • Substantial doubts as regards the role of platforms:
• Uber cases (pending): Does Uber provide a transport service excluded from
the Services Directive or an Information Society Service?
• The ECJ may give guidance but it may not be general guidance (i.e. valid for any
platform in any sector). Should we redefine the role of intermediaries?
• Is the “sharing economy concept” useful at all in legal terms?
• The European Commission’s 2016 concept is incomplete and fragmentary
• Image of efficiency, better use of goods and lack of lucrative purposes. Is it
always the case?
• ‘Sharing Economy’ explains a social reality, but it is not a useful legal
concept
Need for (new) legal concepts?
14
15. • Are new general public interest goals admissible?
• Open list in Art. 4(8) of the Services Directive
• Silence from the Commission in its 2016 Communications…
• ...therefore, the ECJ will have to provide guidance
E.g. Is addressing the housing shortage / the scarcity of affordable
housing a purely economic objective or a social welfare goal?
Does the list of legitimate public interests need an
update?
15
16. • National authorities are still competent to adopt and enforce
national measures to regulate these new phenomena
• Limitations:
• Absolute barriers to entry shall not be accepted
• Tests of necessity and proportionality
• National measures should not discriminate between traditional businesses
and new businesses (i.e., preventing intrusiveness shall not be an indirect
justification for regulation)
• Dynamic regulatory options may be explored
• Frequency of the service / occasional activities (purely marginal and
ancillary)
• Supply and demand changes over a given period of time
Are current market access requirements admissible?
16
17. • Well-known legal concepts have been developing for decades and
need not be obliterated just because new business models emerge.
• Substitutability analyses relevant for Competition Law purposes
may also be necessary but not sufficient for determining regulatory
choices.
• Need for an urgent departure from the collaborative and sharing
concepts that explain a sociological reality but provide a turbid
image for both stakeholders and regulators.
• Distinguishing different business models in the digital era is
imperative for a sound regulation.
Concluding remarks
17
18. Thank you very much!
ymm@ratinglegis.eu
yolandamartinez@ub.edu
http://ratinglegis.eu
@ratinglegis