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Framing Algorithms—Competition Law and (Other) Regulatory Tools


Picht, Peter Georg; Loderer, Gaspare (2018). Framing Algorithms—Competition Law and (Other) Regulatory Tools. Max Planck Institute for Innovation & Competition Research Papers 18-24, University of Zurich / Max Planck Institute for Innovation & Competition München.

Abstract

As other fields of law, competition law is put to the test by new technologies in general and algorithmic market activity in particular. This paper takes a holistic approach by looking at areas of law, namely financial regulation and data protection, which have already put in place rules and procedures to deal with issues arising from algorithms. Before making the bridge and assessing whether the application of any such tool might be fruitful for competition law, the paper discusses important competition cases regarding algorithms, including the Google Shopping, Lufthansa and Facebook case. It concludes with some policy recommendations.

Abstract

As other fields of law, competition law is put to the test by new technologies in general and algorithmic market activity in particular. This paper takes a holistic approach by looking at areas of law, namely financial regulation and data protection, which have already put in place rules and procedures to deal with issues arising from algorithms. Before making the bridge and assessing whether the application of any such tool might be fruitful for competition law, the paper discusses important competition cases regarding algorithms, including the Google Shopping, Lufthansa and Facebook case. It concludes with some policy recommendations.

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Additional indexing

Item Type:Working Paper
Communities & Collections:02 Faculty of Law > Institute of Legal Sciences > Civil Law
02 Faculty of Law > Institute of Legal Sciences > Business Law
Dewey Decimal Classification:340 Law
Uncontrolled Keywords:Algorithms, Artificial Intelligence, Competition Law, Regulation, algorithmic trading, high-frequency trading (HFT), General Data Protection Regulation (GDPR), algorithmic collusion, big data, Google Search (Shopping), EU Commission, Lufthansa, Bundeskartellamt, Facebook
Language:English
Date:October 2018
Deposited On:17 Jan 2019 09:44
Last Modified:25 Sep 2019 00:01
Series Name:Max Planck Institute for Innovation & Competition Research Papers
Number of Pages:36
OA Status:Green
Free access at:Publisher DOI. An embargo period may apply.
Publisher DOI:https://doi.org/10.2139/ssrn.3275198

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