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• Ex Ante and Ex Post Competition Law Models in the Digital Economy: A Comparative Analysis of EU and US Regulation

  Péter Bordás

  Márton Ferenc Bak

  Views:

  144

  The rise of digitalisation, network externalities, and data as novel sources of competitive advantage has fundamentally challenged traditional doctrines of competition law. With the adoption of the Digital Markets Act (DMA) and the Digital Services Act (DSA), the European Union has established an ex ante, preventive regulatory paradigm designed, among other aims, to avert market distortions caused by gatekeeper platforms. By contrast, the United States continues to rely primarily on ex post enforcement, precedent-based adjudication, and judicial processes in governing digital service markets. The divergence between these two models reflects deeper economic-philosophical and legal-policy differences; however, an emerging tendency towards convergence can be observed in their shared recognition of the democratic and geopolitical significance of digital markets. The evolution of competition law in recent decades has been profoundly shaped by digital corporations, which have redefined the conceptual boundaries of global market structures. A comprehensive understanding of contemporary legal practice and regulatory developments therefore requires a systematic examination of the theoretical divergences and convergences, and of the underlying explanatory factors shaping both regimes.

• The Value of Personal Data in the Competition Law Assessment of the Facebook–WhatsApp Merger Case

  131-147

  Gábor Polyák

  Gábor Pataki

  Views:

  452

  The European Commission fined Facebook 110 million euros for giving misleading information within the merger procedure on acquiring the messaging service WhatsApp in 2014. The case reached a crossroad of competition law, data protection and consumer law. This was the first time the Commission imposed a fine on a company for inaccurate information since the merger regulation rules were established in 2004. Some authors criticized not only the Commission’s decision from 2017 which imposed the fine, but also the decision from 2014 in which the Commission had decided not to oppose the transaction. Some authors oppose tackling data collection issues through competition law, but some authors raise the question: is competition law enough to consider the case when personal data are involved, too? The controversial part of the decision is not about data protection law, but about the value of personal data from the perspective of competition law.

• White Book and Strategy: AI Regulation Initiations in the European Union and Hungary

  119-137

  Dániel Mazsu

  Views:

  565

  Artificial Intelligence (AI), alongside green solutions and the suddenly exploding COVID-19 pandemic, is one of the most important buzzwords of the 21st century in a growing number of areas of society and economy. Despite this, the regulation of technology is still in its infancy in all parts of the world, and neither the European Union nor Hungary are exceptions. But there are already documents and proposals that will form the basis for future legislation in the aforementioned territories. This article analyses these from several perspectives, as well as comparing them with the hopeful goal of bringing them closer to each other.