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- Lundqvist, Björn
(author)
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Cloud services as the ultimate gate(keeper)
- 2019
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In: Journal of Antitrust Enforcement. - Oxford : Oxford University Press (OUP). - 2050-0688 .- 2050-0696. ; 7:2, s. 220-248
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Journal article (peer-reviewed)abstract
- In the Internet of Things (IoT), the amount and smart use of data will determine whether or not a firm can compete successfully. Manufacturing firms will collect data through sensors in their devices and, at least in the cases of SMEs, likely store the collected data in the cloud, purchasing cloud services and storage from the large e-platform providers doubling as cloud providers. The e-platform providers will also collect data from users of their other services. These data are often generated by the same firms that purchase cloud services when they use the e-platforms to sell goods and services. Access to the data and to data analytics on fair business terms, and the possibility to switch cloud and service providers are vital for the SMEs and, in general, to create a competitive and vibrant IoT. However, cloud and e-platform customers seem to be facing difficulties. According to the EU Commission, SMEs are finding it particularly hard to engage cloud and e-platform providers, and to gain access to cloud services on reasonable, transparent terms. The contracts are skewed in favour of the cloud providers. The customers get locked in and may be obliged to agree not to assert any of their intellectual property rights vis-a-vis the cloud provider or the cloud provider's network. Moreover, the cloud and e-platform providers may under certain circumstances access and make use of the users' data, and that may give them a competitive advantage vis-a-vis the users, since the providers may have access to much more data, even data originating from the users' competitors, suppliers, customers, etc. They can thus use all the data available to them to obtain a fuller picture of whole industries, and they may use that advantage in data to leverage and enter users' markets. Indeed, they may use the data in the cloud for data-driven business strategies to enter the core market of the firms that have provided them with data in the first place. This article discusses whether competition law can address the conduct of the cloud and e-platform providers, so that firms may access and make use of all the possibilities that the IoT harbours.
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| 3. |
- Lundqvist, Björn
(author)
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Public Law, European Constitutionalism and Copyright in Standards
- 2019
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In: The Cambridge Handbook of Technical Standardization Law. - Cambridge : Cambridge University Press. - 9781107129719 - 9781316416785 ; , s. 124-142, s. 124-142
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Book chapter (peer-reviewed)abstract
- Should technical standards decided and published by official Standards Development Organizations (SDOs) and referred to in Regulations, Directives or, generally, in EU law be regarded as “law” that must be accessible to the public, or could these standards still be private goods, licensed for royalties and, indeed, only accessible by a few? Access to technical standards may be the next hot topic for the European Standard Setting Organisations (SSOs) and the EU Commission. Some SSOs, as a way to finance their activities to develop technical standards, may charge firms or third persons to access and make use of the technical standards produced.
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Fintech Competition : Law, Policy, and Market Organisation
- 2023
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Editorial collection (peer-reviewed)abstract
- This open access book is the first to systematically explore competition policy in fintech markets. Drawing from the expertise of law scholars, economists, and social and natural scientists from the EU and the US, this edited collection explores the competitive dynamics, market organisation, and competition law application in fintech markets. It is the 17th volume in the Swedish Studies in European Law series.
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| 6. |
- Lundqvist, Björn, 1973-
(author)
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Regulating Access and Transfer of Data
- 2023
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Book (peer-reviewed)abstract
- Data collected and distributed on the internet is generally free, non-exclusive, and non-rivalrous. Yet online data is often difficult to access. This book examines the infrastructure for collecting, storing, and distributing data to show how it is embedded behind intellectual property and technological barriers. It proposes that the EU introduce an access and transfer governance right to data that can work in tandem with data protection rules. Chapters explore the subject matter of this protection, potential rights holders and the scope of the protection, and exceptions and limitations under intellectual property law and competition law. Comprehensive and timely, Regulating Access and Transfer of Data sets the foundations for a new legal system for our data-driven generation.
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| 7. |
- Lundqvist, Björn, 1973-
(author)
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“Turning Government Data Into Gold” : The Interface Between EU Competition Law and the Public Sector Information Directive—With Some Comments on the Compass Case
- 2013
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In: IIC-International Review of Industrial Property and Copyright Law. - : Springer Science and Business Media LLC. - 0018-9855 .- 2195-0237. ; 44:1, s. 79-95
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Journal article (peer-reviewed)abstract
- This short article was triggered by the recently delivered preliminary ruling by the CJEU in the Compass case. The case is important since it raises difficult questions regarding when a public sector body should benefit from the application of EU competition law in general and is especially interesting for those public sector bodies that create the essential information needed for the growing public sector information industry. The main issue discussed in the article is when public sector bodies should be considered “undertakings” under EU competition law. The substantive issue of the case is whether the specific conduct under scrutiny, i.e. the distribution of public sector information for remuneration, is an economic activity or not. In light of the Compass case, the author argues that the underlying doctrine, derived from quite a number of CJEU cases, needs to be narrowed down and tightened so that public sector bodies are only exempted and considered as not conducting economic activities when the scrutinized activity truly constitutes an essential function of the state. The CJEU should thereby refine the current case law regarding the dichotomy between undertakings, which benefit from the application of competition law, and public or private bodies that perform acts of sovereign public power and connected conduct, which do not. EU competition law should prevail if a public sector body or a private body conducts an activity that creates or is conducted on a market, irrespective of whether that body simultaneously conducts a public task, as long as it is not an exercise of public power.
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| 10. |
- Lundqvist, Björn
(author)
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An access and transfer right to data—from a competition law perspective
- 2022
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In: Journal of Antitrust Enforcement. - : Oxford University Press (OUP). - 2050-0688 .- 2050-0696. ; 11:Supplement_1, s. i57-i71
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Journal article (peer-reviewed)abstract
- While business users face difficulties accessing and porting data on platforms, the Digital Markets Act has been hailed as the legislative tool enabling business users access and transfer the data they have generated on platforms controlled by gatekeepers. The tool provided by the Digital Markets Act is discussed in this article and the author argue that business users should have a more elaborated right to first access the data they produce on platforms and in ecosystems, and secondly transfer such data from platform to platform, cloud to cloud, thing to thing or in-house. A right to access and transfer data could have several benefits; it benefits dissemination of data, creativity and innovation in connected markets and it promotes competition between platforms, clouds and ecosystem providers. Creativity will be enhanced because necessary data-being the raw material for new innovations-will be more broadly disbursed. It will also benefit consumers having a disbursed and disseminated data commons for the development of ideas, innovations, and the exchange of knowledge.
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