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Public Procurement as a Safeguard for Competition: journal article

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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