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The search returned 4 results.

Electronic Evidence in EU Competition Procedures: journal article

The Need to Reconcile the Commission’s Investigatory Powers with Procedural Defence and Data Protection Rights

Joana Fraga Nunes

European Competition and Regulatory Law Review, Volume 7 (2023), Issue 1, Page 29 - 43

Technological progress has led to globalised access to all types of information, and one’s digital traces are now everywhere. As such, electronic evidence has become an extremely important tool for investigations, yet it lacks a legal framework for its collection and processing. Specifically, the use of electronic evidence in EU competition procedures raises several legal challenges, considering i) the lack of a legal framework for the collection and processing of electronic evidence at the EU level, leading to legal uncertainty; ii) the absence of a harmonised EU procedural framework for the enforcement of EU competition law by Member States, resulting in varying levels of judicial protection and iii) the narrow application of defence and data protection rights in EU competition procedures in light of the said conflicting, but complementary, interests. Keywords: EU competition procedures; electronic evidence; defence rights; data protection rights


Public Procurement as a Safeguard for Competition: journal article open-access

The Case of Smart City Services

Laurens Vandercruysse, Caroline Buts, Michaël Dooms

European Competition and Regulatory Law Review, Volume 5 (2021), Issue 2, Page 102 - 111

Through the adoption of the European Union’s Digital Strategy, the European Commission aims to tackle pressing issues specific to markets of data-intensive services. One of these issues is the substantial and durable competitive advantage that emerges from having exclusive access to large sets of data. The Digital Markets Act proposal, a prime pillar of the Digital Strategy, allows for the identification of gatekeepers. These gatekeepers would then be subject to additional obligations, for example enabling wider data access. This article focuses on the market for smart city services and proposes the adoption of a more proactive approach through public procurement. We argue the onus should be on preventing service providers from becoming gatekeepers, rather than attempting to repair a competitive space once a gatekeeper has arisen. Keywords: smart city, public procurement, data protection, data sharing, EU Digital Strategy



The Perspective of the Bundeskartellamt in the Evaluation of Facebook's Behaviour: journal article

Prior Considerations and Possible Impact

Irene Lorenzo-Rego

European Competition and Regulatory Law Review, Volume 3 (2019), Issue 2, Page 100 - 109

The abuse of a dominant position based on the collection and processing of personal data is a competition law issue under German law. The value of data is the value of advertising on social networks. Inadequate data processing by Facebook has harmed both users and potential competitors. The Bundeskartellamt has focused its recent decision on efficiency, despite its perspective on the application of Article 19(1) of the Act against Restraints of Competition, in accordance with German case-law. The impact on European competition law will depend on the controversial harmonisation of personality rights; so far, only data protection law has been regulated. Keywords: Access to Personal Data, Injured Party, Abuse of Dominance, Facebook, Bundeskartellamt, Competition Law, Data Protection

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