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.
„The mismatch between law time and new-economy real time is troubling in two respects. First, an antitrust case involving a new-economy firm may drag on for so long relative to the changing conditions of the industry as to become irrelevant, ineffectual.“ – Posner (2000)1
The effective use of (big) data has become a competitive advantage in every sector reaching far beyond just technology companies. Every transaction and activity on the internet creates a data trail. This information is used in many ways to create value. Data analysis is continuously replacing intuition as a basis for business decisions.
The innovations associated with cloud computing affect public and private entities and every person individually. This thesis contributes to the understanding of cloud computing from an antitrust, competition and data privacy law perspective. The analysis is based on comparative research in EU and U.S. law.
Data privacy and competition law are two legal fields that are heavily affected by the innovations and disruptions caused by cloud computing. The innovation cloud computing represents is currently not fully covered by the law. The reason is that current legal provisions do not sufficiently take the technical aspects of cloud computing into account. The link between competition and antitrust laws on the one hand and data privacy on the other is innovation and consumer protection. Competition and antitrust laws look at the welfare of consumers. The competitive behavior of an undertaking is analyzed in relation to how...
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