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Karin Jackwerth, Great expectations: the Facebook case and subsequent legislative approaches to regulate large online platforms and digital markets, 13 (2022) JIPITEC 200 para 1.
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%0 Journal Article %T Great expectations: the Facebook case and subsequent legislative approaches to regulate large online platforms and digital markets %A Jackwerth, Karin %J JIPITEC %D 2022 %V 13 %N 3 %@ 2190-3387 %F jackwerth2022 %X In recent years, the accumulation and entrenchment of power by a few large firms in the digital markets sector and the complementary decrease in the level of competition has become visible around the world. This could likely result in negative consequences for potential competitors, individuals and businesses that interact with these firms. In order to address this challenge, several jurisdictions have initiated the development of legislative tools to regulate these large firms. The first regulation of this type has been enforced by the German legislator and could therefore serve as a reference for other jurisdictions. In advance of practical experience, this paper will conduct a theoretical analysis of potential structural and data-related issues arising from this regulation. It will deduce that the regulation successfully addresses data-related concerns which have previously been confronted in the so-called Facebook case. The paper will also identify shortcomings in structural aspects, which will be confronted with a comparison to the UK approach for a similar regulatory tool. The results of the comparison will be summarised in a list of recommendations with the aims to improve the German regulation and to serve as guidance for similar approaches in other jurisdictions. %L 340 %K Digital Markets Act %K Digital markets %K EU %K Facebook case %K Germany %K United Kingdom %K competition law %K data protection %U http://nbn-resolving.de/urn:nbn:de:0009-29-55566 %P 200-223Download
Bibtex
@Article{jackwerth2022,
author = "Jackwerth, Karin",
title = "Great expectations: the Facebook case and subsequent legislative approaches to regulate large online platforms and digital markets",
journal = "JIPITEC",
year = "2022",
volume = "13",
number = "3",
pages = "200--223",
keywords = "Digital Markets Act; Digital markets; EU; Facebook case; Germany; United Kingdom; competition law; data protection",
abstract = "In recent years, the accumulation and entrenchment of power by a few large firms in the digital markets sector and the complementary decrease in the level of competition has become visible around the world. This could likely result in negative consequences for potential competitors, individuals and businesses that interact with these firms. In order to address this challenge, several jurisdictions have initiated the development of legislative tools to regulate these large firms. The first regulation of this type has been enforced by the German legislator and could therefore serve as a reference for other jurisdictions. In advance of practical experience, this paper will conduct a theoretical analysis of potential structural and data-related issues arising from this regulation. It will deduce that the regulation successfully addresses data-related concerns which have previously been confronted in the so-called Facebook case. The paper will also identify shortcomings in structural aspects, which will be confronted with a comparison to the UK approach for a similar regulatory tool. The results of the comparison will be summarised in a list of recommendations with the aims to improve the German regulation and to serve as guidance for similar approaches in other jurisdictions.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-55566"
}
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TY - JOUR AU - Jackwerth, Karin PY - 2022 DA - 2022// TI - Great expectations: the Facebook case and subsequent legislative approaches to regulate large online platforms and digital markets JO - JIPITEC SP - 200 EP - 223 VL - 13 IS - 3 KW - Digital Markets Act KW - Digital markets KW - EU KW - Facebook case KW - Germany KW - United Kingdom KW - competition law KW - data protection AB - In recent years, the accumulation and entrenchment of power by a few large firms in the digital markets sector and the complementary decrease in the level of competition has become visible around the world. This could likely result in negative consequences for potential competitors, individuals and businesses that interact with these firms. In order to address this challenge, several jurisdictions have initiated the development of legislative tools to regulate these large firms. The first regulation of this type has been enforced by the German legislator and could therefore serve as a reference for other jurisdictions. In advance of practical experience, this paper will conduct a theoretical analysis of potential structural and data-related issues arising from this regulation. It will deduce that the regulation successfully addresses data-related concerns which have previously been confronted in the so-called Facebook case. The paper will also identify shortcomings in structural aspects, which will be confronted with a comparison to the UK approach for a similar regulatory tool. The results of the comparison will be summarised in a list of recommendations with the aims to improve the German regulation and to serve as guidance for similar approaches in other jurisdictions. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-55566 ID - jackwerth2022 ER -Download
Wordbib
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ISI
PT Journal AU Jackwerth, K TI Great expectations: the Facebook case and subsequent legislative approaches to regulate large online platforms and digital markets SO JIPITEC PY 2022 BP 200 EP 223 VL 13 IS 3 DE Digital Markets Act; Digital markets; EU; Facebook case; Germany; United Kingdom; competition law; data protection AB In recent years, the accumulation and entrenchment of power by a few large firms in the digital markets sector and the complementary decrease in the level of competition has become visible around the world. This could likely result in negative consequences for potential competitors, individuals and businesses that interact with these firms. In order to address this challenge, several jurisdictions have initiated the development of legislative tools to regulate these large firms. The first regulation of this type has been enforced by the German legislator and could therefore serve as a reference for other jurisdictions. In advance of practical experience, this paper will conduct a theoretical analysis of potential structural and data-related issues arising from this regulation. It will deduce that the regulation successfully addresses data-related concerns which have previously been confronted in the so-called Facebook case. The paper will also identify shortcomings in structural aspects, which will be confronted with a comparison to the UK approach for a similar regulatory tool. The results of the comparison will be summarised in a list of recommendations with the aims to improve the German regulation and to serve as guidance for similar approaches in other jurisdictions. ERDownload
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 13 (2022) 3 |
|---|---|
| Title |
Great expectations: the Facebook case and subsequent legislative approaches to regulate large online platforms and digital markets (eng) |
| Author | Karin Jackwerth |
| Language | eng |
| Abstract | In recent years, the accumulation and entrenchment of power by a few large firms in the digital markets sector and the complementary decrease in the level of competition has become visible around the world. This could likely result in negative consequences for potential competitors, individuals and businesses that interact with these firms. In order to address this challenge, several jurisdictions have initiated the development of legislative tools to regulate these large firms. The first regulation of this type has been enforced by the German legislator and could therefore serve as a reference for other jurisdictions. In advance of practical experience, this paper will conduct a theoretical analysis of potential structural and data-related issues arising from this regulation. It will deduce that the regulation successfully addresses data-related concerns which have previously been confronted in the so-called Facebook case. The paper will also identify shortcomings in structural aspects, which will be confronted with a comparison to the UK approach for a similar regulatory tool. The results of the comparison will be summarised in a list of recommendations with the aims to improve the German regulation and to serve as guidance for similar approaches in other jurisdictions. |
| Subject | Digital Markets Act, Digital markets, EU, Facebook case, Germany, United Kingdom, competition law, data protection |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-55566 |
