Publications and presentations

Publications

• Anna Gerbrandy and Pauline Phoa, “The Power of Big Tech Corporations as Modern Bigness and a Vocabulary for Shaping Competition Law as Counter-Power”. In Rutger Claassen (ed.), Wealth and Power (Routledge, 2023)
• Lisanne Hummel, "Dominant positions or dominant designs? Market power and innovation in European competition law". In: EU ANTITRUST: HOT TOPICS & NEXT STEPS, Proceedings of the International Conference held in Prague on January 24–25, 2022
• Viktorija Morozovaite, "Hypernudging in the changing European regulatory landscape for digital markets" (2022)
• Carla Farinhas, "Unlocking the power of the European Commission to order interim measures under Regulation 1/2003: an inquiry into the nature of the tool". In: Common Market Law Review 59: 1711–1742, 2022.
• Jan Polanski, “A Positive Program for Antitrust? Enforcement in Times of Political Tides” (2022) 45(2) World Competition 237.
• Jan Polanski, “The Marketplace of Ideas and EU Competition Law: Can Antitrust Be Used to Protect the Freedom of Speech?” (2022). In: YSEC Yearbook of Socio-Economic Constitutions. Springer, Cham.
• Pauline Phoa, “The EU Commission’s report on new genome editing techniques: a treasure trove for sustainable CRISPR food – or a Pandora’s box?” (2021) Renforce blog.
• Carla Farinhas, “The Interplay between EU Law and WTO Law: When the Legality of EU Acts is at Stake” (2021) pp.53-73 Building the European Union: The Jurist’s View of the Union’s Evolution: Koen Lenaerts: Hart Publishing (bloomsbury.com)
• Jan Polanski, Antymonopolowe déjà vu? Wolność słowa w analizie antymonopolowej (The Antitrust Déjà Vu? Freedom of Speech in Antitrust Analysis) Internetowy Kwartalnik Antymonopolowy i Regulacyjny (iKAR) nr.6/2021a
• Viktorija Morozovaite, “Two sides of the digital advertising coin: putting hypernudging into perspective” (2021) 5 Market and Competition Law Review 105.
• Lisanne Hummel, Laura F. Lalikova and Viktorija Morozovaite, “De Digital Markets Act en het spectrum van eindgebruikersbescherming” (2021) 4-5 Markt en Mededinging 146.
• A. Gerbrandy, 2020. Big Tech and the Digital Economy: the muddled middle in a polarized debate? In this blog on Nicolas Petit’s book ‘Big Tech and the Digital Economy’ Anna shares her view on the points made by Petit about neo-structuralists versus consumer-welfarists. Anna argues that there is more to competition law than the polar opposites of irrational neo-structuralists and staunch consumer-welfarists. She develops three arguments that seat in the muddled middle of neo-structuralism and consumer-welfarism.
• Kulk, S. & Van Deursen, S., 2020. Juridische aspecten van algoritmen die besluiten nemen. Een verkennend onderzoek. The Hague: WODC. This research, of a group of scholars from Utrecht University School of Law, aims to answer the question: Which opportunities and risks arise when using algorithmic decision-making, regarding the protection and realisation of public values, and are the existing legal frameworks equipped to realise these opportunities and prevent the identified risks or mitigate its consequences? The research contains case studies on content moderation by online platforms, self-driving cars, the judiciary, and government collection with traffic fines. Read the English summary: Legal aspects of algorithmic decision-making. An exploratory study.
• Gerbrandy, A., 2020. Global Challenges, Big Tech and Legal Responses, in: The Open Society and Its Future, IOS Think Paper Series #1, pp. 17-26. In this paper, which is part of a volume of papers on the concept of Open Societies, Anna Gerbrandy discusses how there is often a mismatch between the system of the law and the questions that global challenges pose to the law. As a result, the law is struggling to advance adequate legal responses, while its foundational principles are themselves under threat as well.
• Gerbrandy, A. et al., 2020. Country-report for Fide 2020: competition law in the digital economy. The national report on the Netherlands for the Fide 2020 Conference reports on the response of the Dutch competition authority to challenges arising from competition law in the digital economy. It includes – where possible – case studies, market studies and other policy papers.
• Gerbrandy A., 2019. Changing Competition Law in a Changing European Union The Constitutional Challenges of Competition Law. CompLRev 14(1), pp 33-50. In this article Anna Gerbrandy discusses that European competition law is entering a new period of change – different from the previous fundamental change of economisation and modernisation – this time under the pressure of societal challenges like globalisation, digitalisation, and sustainability, and the current inadequacy of competition law to address them. To have a full grasp of this change, and how to more forward, Anna Gerbrandy suggests a reconsideration of the place of European competition law in the EU’s constitution. If Europe’s (constitutional) challenges cannot be isolated from the greater challenges that confront our world today, then why could European competition law isolate itself from these societal challenges?
• Gerbrandy, A., 2018. Conceptualizing Big Tech As ‘Modern Bigness’ and Its Implications for European Competition Law Submission in Reaction to the Call for Contributions – Shaping Competition Policy in the Era of Digitalization (pdf). In this submission in reaction to the Call for Contributions for the Panel Shaping competition policy in the era of digitalisation, Anna Gerbrandy conceptualises Big Tech as Modern Bigness. She hypothesises that Big Tech is not a mere incarnation of ‘old’ ‘Bigness’. Instead, it is something new, captured by the notion of 'Modern Bigness’, introduced in this submission. It is only by conceptualising Big Tech as Modern Bigness that the subsequent question how European competition law should respond can be properly addressed.

Presentations