Law for the Platform Economy

Law for the Platform Economy

By Julie E. Cohen (Georgetown University) Abstract:     This article explores patterns of legal-institutional change in the emerging, platform-driven economy. Its starting premise is that the platform is not simply a new business model, a new social technology, or a new infrastructural formation (although it is also all of those things). Rather, it is the […]

The CJEU Pirate Bay Judgment and Its Impact on the Liability of Online Platforms

By Eleonora Rosati (University of Southampton) Abstract:     In its 2017 judgment in The Pirate Bay (C-610/15) the CJEU developed further its construction of the right of communication to the public within Article 3(1) of Directive 2001/29 (the InfoSoc Directive), and clarified under what conditions the operators of an unlicensed online platform are potentially liable […]

Regulating ‘Platform Power’

Regulating ‘Platform Power’

By Orla Lynskey (London School of Economics) Abstract:    Increasing regulatory and doctrinal attention has recently focused on the problem of ‘platform power’. Yet calls for regulation of online platforms fail to identify the problems such regulation would target, and as a result appear to lack merit. In this paper, two claims are advanced. First, […]

Dissecting Professor Wu and Yelp’s Local Search Study: An Antitrust Law Analysis of The ‘Experimental Evidence’

Dissecting Professor Wu and Yelp’s Local Search Study: An Antitrust Law Analysis of The ‘Experimental Evidence’

By Joshua D. Wright (George Mason University) Abstract:     In a 2015 article co-authored with three Yelp employees, Professor Wu purports to examine evidence from one experiment allegedly relevant to the question whether Google’s display of local search results in a defined space on the search results page violates the antitrust laws. The authors rely […]

Manipulation for Competition: Pricing Models in the Presence of Promotional Reviews

Manipulation for Competition: Pricing Models in the Presence of Promotional Reviews

By Tingting Nian (University of California), Liangfei Qiu, Jingchuan Pu & H. Kenneth Cheng (University of Florida) Abstract:      In the past decade, we are witnessing an explosive growth of firm-initiated promotional/fake product reviews in online platforms. In this study, we develop an analytical model to analyze the effect of review manipulation under two […]

The Taking Economy: Uber, Information, and Power

The Taking Economy: Uber, Information, and Power

By Ryan Calo (University of Washington) & Alex Rosenblat (Data & Society Research Institute) Abstract:     Sharing economy firms such as Uber and Airbnb facilitate trusted transactions between strangers on digital platforms. This creates economic and other value and raises a set of concerns around racial bias, safety, and fairness to competitors and workers that […]

The Emerging High-Court Jurisprudence On The Antitrust Analysis Of Multisided Platforms

The Emerging High-Court Jurisprudence On The Antitrust Analysis Of Multisided Platforms

By David S. Evans – Between September 2014 and September 2016 high courts in multiple jurisdictions released five decisions that address applying competition law to matchmakers that operate virtual or physical platforms for connecting multiple groups of customers. The decisions rely, directly or indirectly, on the economic literature on multisided platforms that commenced around 2000. […]

‘Uber Economy’: Employee, Self-Employed or the Need for a Special Employment Regulation?

‘Uber Economy’: Employee, Self-Employed or the Need for a Special Employment Regulation?

By Adrian Todolí-Signes (University of Valencia) Abstract:     The Digital era has changed industrial relationships dramatically and this has caused a considerable degree of legal uncertainty about which rules apply to cyberspace. Technology is transforming business organization in a way that makes employees – as subordinate work – less necessary. A new type of companies […]

Privacy’s Trust Gap

Privacy’s Trust Gap

By Neil M. Richards (Washington University) & Woodrow Hartzog (Samford University) Abstract:      It can be easy to get depressed about the state of privacy these days. In an age of networked digital information, many of us feel disempowered by the various governments, companies, and criminals trying to peer into our lives to collect […]

Competing with big data

Competing with big data

By Jens Prufer (Tilburg University) & Christoph Schottmüller (University of Copenhagen) Abstract:     This paper studies competition in data-driven markets, that is, markets where the cost of quality production is decreasing in the amount of machine-generated data about user preferences or characteristics, which is an inseparable byproduct of using services offered in such markets. This […]