Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Big Data, Web 'Scraping' and Competition Law
We live in a world — and deal with markets — increasingly driven by data. Consumers and companies throughout the globe generate massive amounts of data at any given moment. Internet searches, mobile phone clicks, website profile information, e-commerce transactions and basically any other action that can be quantified digitally make up the basis of “Big Data.” This data can in turn be analyzed and studied to inform competitive decision-making and increase the accuracy of market predictions.
Big Data is a complex issue — different firms and individuals have different access to different sources of data, and those firms and individuals want to use that data in different ways.
This complexity means that the legality of some methods of culling and using Big Data remains unclear. But as Big Data's presence and importance to market success continues to grow, it will become increasingly necessary to consider its effect on antitrust analyses. As FTC Chairwoman Edith Ramirez explained in her Keynote Remarks at the Fordham Competition Law Institute's Annual Conference on International Antitrust Law and Policy in 2016, “[t]here is no question that the aggregation of data may have important implications for competition.” Edith Ramirez, “Keynote Remarks of 43rd Annual Conference on International Antitrust Law and Policy, Fordham Competition Law Institute: Deconstructing the Antitrust Implications of Big Data” (Sept. 22, 2016). And EU Competition Commissioner Margrethe Vestager has vowed to “ keep a close eye on how companies use data.” Margrethe Vestager, Speech: “EDPS-BEUC Conference on Big Data” (Sept. 29, 2016). Some antitrust enforcement action is beginning to back up these claims. In June, the European Commission hit Google with a record €2.4 billion fine for abusing its market dominance in Internet searches to illegally benefit its own shopping-comparison service. See, European Commission, “Antitrust: Commission Fines Google €2.42 Billion for Abusing Dominance As Search Engine By Giving Illegal Advantage to Own Comparison Shopping Service” (June 27, 2017).
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.