Developments in the Internet ecosystem show that it is unrealistic to uphold that within EU Competition Law the spheres of the ‘economic’ can be easily separated from the ‘non-economic’, claims Angela Daly, Queensland University of Technology. Attendance is free.
|Organised by||Dr Angela Daly, Queensland University of Technology, Australia, and Tilburg Institute for Law, Technology and Society|
|Date||23 January 2017|
|Time||16:00 - 17:30|
EU Competition Law, with its ‘More Economic Approach’ seeks to impose an unrealistic narrative that the spheres of the (financialised, quantitative) ‘economic’ can easily be divorced from the (non-financialised, qualitative) ‘non-economic’. The former is within competition law’s domain, the latter is to be left to other areas of law and policy. However, this fallacy is increasingly being exposed through developments in the Internet ecosystem, notably the net neutrality debate and the concerns about Google’s vast power, situation which both involve ‘economic’ issues familiar to orthodox competition law, but also human rights concerns which competition law, and competition lawyers, have tended to disavow, particularly as regards free expression, privacy and data protection. This presentation, based on a chapter of Angela Daly’s recently-published book Private Power, Online Information Flows and EU Law, will examine these incidents and suggest that ‘economic’ areas of law would be better aimed at achieving an integrated standard of ‘user autonomy’ given the freedom-enhancing affordances of the Internet, rather than the more limited, and more paternalistic ‘consumer welfare’. While this may seem an unrealistic and fanciful aim, the Charter of Fundamental Rights’ application may force a ‘constitutionalisation’ of ‘economic’ law which hitherto have been able to isolate themselves.
Dr Angela Daly is Vice Chancellor’s Research Fellow in QUT’s Faculty of Law (Australia), and research associate in the Tilburg Institute for Law, Technology and Society (Netherlands). She is a socio-legal scholar of technology and the author of Socio-Legal Aspects of the 3D Printing Revolution (Palgrave Macmillan 2016) and Private Power, Online Information Flows and EU Law: Mind the Gap (Hart 2016). Her current work examines legal and regulatory issues pertaining to renewable energy, autonomous vehicles and digital health devices and data.