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Regulation of Cloud Services under US and EU Antitrust, Competition and Privacy Laws

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Sára Gabriella Hoffman

This book examines how cloud-based services challenge the current application of antitrust and privacy laws in the EU and the US. The author looks at the elements of data centers, the way information is organized, and how antitrust, competition and privacy laws in the US and the EU regulate cloud-based services and their market practices. She discusses how platform interoperability can be a driver of incremental innovation and the consequences of not promoting radical innovation. She evaluates applications of predictive analysis based on big data as well as deriving privacy-invasive conduct. She looks at the way antitrust and privacy laws approach consumer protection and how lawmakers can reach more balanced outcomes by understanding the technical background of cloud-based services.

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Acknowledgement

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This work would not have been possible without Prof. Dr. iur. Dr. rer. pol. Dr. h.c. Christian Kirchner, LL.M. (Harvard). Professor Kirchner had the ability to kindle his students’ curiosity with ease and passion for his subject. This curiosity ended up shaping his students’ careers for life. His presence in the academic community is greatly missed.

I would like to thank Prof. Dr. Theo Bodewig and Prof. Dr. Heike Schweitzer, LL.M. (Yale) for being the academic advisors and for their very valuable guidance during the last year of my Ph.D. program. With many thanks also to Professor Dr. Harald Koch for chairing my defense committee.

The scholarships and grants of the German Academic Exchange Service (DAAD), Berlin’s Elsa-Neumann Scholarship (formerly NaFöG), and the generous contribution from Stanford Law School’s Microsoft Grant allowed me to expand this research and spend almost two years in the United States.

I would like to thank Professor George A. Hay at Cornell Law School for his advice and a wonderful time at Cornell. Also, with many thanks to Stanford Law School’s Professor A. Mitchell Polinsky for introducing me to a community unlike any other that is a continuous source of inspiration in my professional and personal life.

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