Cover; Acknowledgement; Table of Contents; Table of Illustrations; List of Abbreviations; 1 Introduction; 1.1 Contribution of this thesis; 1.2 Background factors; 1.2.1 The use of data as a competitive advantage; 1.2.2 The consumers' perception of security; 1.2.3 The business culture disconnect in antitrust and competition law; 1.2.4 Incremental and radical innovation; 1.3 State of research and literature; 1.3.1 Law; 1.3.2 Business and policy; 1.3.3 Computer and information science; 1.4 Structure of the thesis; Part I: Technical and legal framework of cloud computing; 2 What is (big) data?
2.1 Definition and types of data2.2 Definition of big data; 2.3 Interoperability in database management systems and data integration; 2.4 Definition of algorithm; 2.5 Causality and correlation; 2.6 The value of data; 3 What is the cloud?; 3.1 Definitions and variations of cloud computing; 3.2 The benefit of could computing; 3.3 The innovations of cloud computing; 3.4 Key legal issues of the cloud; 3.5 Market impact; 3.6 Risk management; 3.7 Cost structure and cloud architecture; 3.7.1 Cloud architecture; 3.7.2 Data center equipment and setup; 3.7.3 Location; 3.7.4 Electricity costs
3.8 Forum shopping3.9 Conclusion; 4 Cloud security risks; 4.1 Identified security concerns (B2B); 4.2 Customers' concerns of privacy risks with big data (B2C); 4.2.1 Eurobarometer on attitudes on data protection and electronic identity in the EU; 4.2.2 Discussion on big data and cyber foreign policy; 4.3 Customer risk management strategies; 4.4 Summary; 5 Overview of laws and policy makers in the EU and the U.S.; 5.1 Policy makers in the U.S.; 5.1.1 Data privacy laws; 5.1.2 Antitrust laws; 5.2 Policy makers in the EU; 5.2.1 Competition laws; 5.2.2 Data privacy laws
Part II: Cloud computing and competition law6 Cloud computing and EU competition law; 6.1 Introduction; 6.2 The relevant market for cloud computing; 6.2.1 Cloud computing as a utility service; 6.2.2 Pricing models of cloud utility and consequences for defining the relevant market; 6.2.3 The relevant market; 6.2.3.1 The relevant product market; 6.2.3.2 The relevant geographic market; 6.2.3.3 The relevant temporal market; 6.2.4 Conclusion on defining the relevant market; 6.3 Abuse of a dominant position, Art. 102 TFEU; 6.3.1 Conduct: Tying and bundling; 6.3.2 Conduct: Exclusive dealing
6.3.3 Conclusion on Art. 102 TFEU6.4 Strategic alliance of cloud service providers; 6.4.1 Definition of the strategic alliance; 6.4.2 Strategic alliance and Art. 102 TFEU exposure; 6.4.2.1 Collective dominance in European competition law; 6.4.2.2 The concept of collective dominance in U.S. antitrust law; 6.4.3 The necessity of strategic alliances; 6.4.4 Strategic alliance cost and benefits for cloud operators; 6.4.4.1 Barriers to entry in a foreign market; 6.4.4.2 Flexibility; 6.4.4.3 Skills acquisition; 6.4.4.4 Speed of adaptation; 6.4.4.5 Interpersonal relationships
Summary
This book examines how cloud-based services challenge the current application of antitrust and privacy laws in the EU and the US. It discusses how platform interoperability can be a driver of incremental innovation and the consequences of not promoting radical innovation. It focusses on the impact of the EU General Data Protection Regulation
Notes
6.4.5 Legal evaluation of admissible strategic alliance conduct
