Angela Daly, Private Power, Online Information Flows and EU Law: Mind the Gap

Author:Gregory Voss
Position:Professor of Business Law, Université de Toulouse, Toulouse Business School (TBS), Toulouse
Pages:89-92
 
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Angela Daly, Private Power, Online Information Flows and EU Law: Mind the Gap
2017
89
1
Angela Daly, Private Power, Online
Information Flows and EU Law: Mind the Gap
Hart Publishing 2016, 184 pages, ISBN 978-1-50990-063-3
by W. Gregory Voss, Professor of Business Law, Université de Toulouse, Toulouse Business School (TBS),
Toulouse
© 2017 W. Gregory Voss
Everybody may disseminate this ar ticle by electronic m eans and make it available for downloa d under the terms and
conditions of the Digital P eer Publishing Licence (DPPL). A copy of the license text may be obtain ed at http://nbn-resolving.
de/urn:nbn:de:0009-dppl-v3-en8.
Recommended citation: , W. Grego ry Voss, Book Review: Angela Daly, Private Power, Online Informati on Flows and EU Law:
Mind the Gap, 8 (2017) JIPITEC 89 par a 1.
1
This book, which is part of the Hart Studies in
Competition Law series, may, at rst 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 ows as well.
2
The rst 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 rst 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 fth chapter deals with dominance and mobile
devices, placing an emphasis on application (or
‘app’) 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 rst chapter, Daly sets out some of the limits
of the book. First, it does not cover state-only
control of online information ows, 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,
Book Review

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