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8 J. Intell. Prop. Info. Tech. & Elec. Com. L. 89 (2017)
Angela Daly, Private Power, Online Information Flows and EU Law: Mind the Gap

handle is hein.journals/jipitec8 and id is 93 raw text is: 
Angela Daly, Private Power, Online Information Flows and EU Law: Mind the Gap


Angela Daly, Private Power, Online

Information Flows and EU Law: Mind the Gap

Hart Publishing 2016,18/4 pages, ISBN 978-1-50990-063-3


by W. Gregory Voss, Professor of Business Law, Universitb de Tououse, Tououse Business School (TBS),
Toulouse




© 2017 W. Gregory Voss
Everybody may disseminate this article by electronic means and make it available for download under the terms and
conditions of the Digital Peer Publishing Licence (DPPL). A copy of the license text may be obtained at http://nbn-resolving.
de/urn:nbn:de:0009-dppl-v3-en8.
Recommended citation:, W. Gregory Voss, Book Review: Angela Daly, Private Power, Online Information Flows and EU Law:
Mind the Gap, 8(2017) JIPITEC 89 para 1.


    This book, which is part of the Hart Studies in
    Competition Law series, may, at first glance, seem
    to fall outside the scope of the main areas of
    interest for many scholars in intellectual property,
    information technology, and e-commerce law.
    However, the European Commission's issuance
    of a Statement of Objections to Google regarding
    comparative shopping services, the opening of a
    formal competition law investigation into Google's
    conduct related to the Android mobile operating
    system, both in 2015, followed by a 2016 report of
    the French and German competition authorities
    on competition law and the collection and use of
    data, should have put an end to any doubt about
    the interest of competition law to the sectors such
    scholars study. Furthermore, this book's subject
    matter is not limited to competition law and concerns
    European Union telecommunications regulation,
    privacy and data protection law, the right to free
    expression, and technical measures intended to limit
    the impact of concentrations of private economic
    power on online information flows as well.

2   The first chapter of the book provides an introduction,
    sets out the mission of the book and outlines
    its structure and approach. The second chapter
    establishes the book's theoretical framework which
    serves as the basis for the discussions of what Daly
    calls the 'substantive' part of the book, consisting
    of discrete 'case studies' and providing examples of


    existing EU law. The first of these is contained in
    chapter three on dominance and internet provision,
    particularly covering net neutrality. In the fourth
    chapter, dominance and internet search are the
    subject, focussing as might be expected on Google.
    The fifth chapter deals with dominance and mobile
    devices, placing an emphasis on application (or
    Iapp') stores. The last of the 'substantive' chapters
    is chapter six, which covers dominance and the
    cloud, followed by a conclusion (chapter seven).
    Notably, each of the substantive chapters contains
    a competition law analysis, followed by a discussion
    of other areas of law (data protection and privacy,
    free expression, etc.) and technique. The chapters
    are fairly well balanced in terms of length, with
    the sixth chapter on the cloud being the shortest
    of the 'substantive' chapters, likely because of
    its 'speculative' nature, and the fourth chapter
    on internet search being slightly longer than the
    theoretical chapter (chapter two) and the chapter
    on mobile devices (chapter six), due to the European
    Commission's investigations in this area.

3   In the first chapter, Daly sets out some of the limits
    of the book. First, it does not cover state-only
    control of online information flows, such as for the
    prevention of crime. Second, only current EU law
    (including the European Convention on Human
    Rights, as amended) is discussed in detail, to the
    exclusion of 'possible conceptual reforms'. Finally,


1   jipec


2017

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