Research Handbook on Intellectual Property and Digital Technologies
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Research Handbook on Intellectual Property and Digital Technologies

Edited by Tanya Aplin

This Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future.
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Chapter 23: Competition in digital markets

Shubha Ghosh

Abstract

How should we understand competition in markets where data is an implicit commodity in the transaction? This chapter argues that we should understand markets in data as an example of a market for joint products, namely the commodity that the purchaser is receiving and the data revealed to the seller. This model of joint products has implications for competition policy even in environments that might seem to be competitive as to price. Therefore, competition authorities should pay special attention to competition law enforcement in settings involving transfer of data. This chapter provides numerous examples and options for competition authorities to shape their policy responses.

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