The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it. This legislati... more The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it. This legislation shields online service providers from secondary copyright infringement liability in exchange for takedown of infringing content of their users.
The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it. This legislati... more The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it. This legislation shields online service providers from secondary copyright infringement liability in exchange for takedown of infringing content of their users. Yet online payment processors, the backbone of $300 billion in U.S. e-commerce, are completely outside of the DMCA’s protection. This Article uses PayPal, the most popular online payment company in the U.S., to illustrate the growing risk of secondary liability for payment processors. First it looks at jurisprudence that expands secondary copyright liability online, and explains how it might be applied to PayPal. Then it considers legislative proposals and industry-self regulation that similarly target an increasing role for payment processors in the fight against online infringement. It argues that the introduction of a DMCA-like safe harbor for online payment processors offers a fairer and more efficient option for all stakeholders than the ...
If that truly turns out to be the case, the result would be consistent with the recent trend in C... more If that truly turns out to be the case, the result would be consistent with the recent trend in Canadian competition law to downplay enforcement of pricing conduct outside of horizontal price-fixing. Mark Katz & Erika Douglas (Davies Ward Phillips & Vineberg)
If the A¢â‚¬A“country pricingA¢â‚¬Â proposal is adopted, one by-product may be to affect the rela... more If the A¢â‚¬A“country pricingA¢â‚¬Â proposal is adopted, one by-product may be to affect the relative flexibility now afforded suppliers under Canada's price maintenance provision. Mark Katz & Erika Douglas (Davies Ward)
Conducting a competition law compliance audit: a checklist for corporate counsel* Canada's Co... more Conducting a competition law compliance audit: a checklist for corporate counsel* Canada's Competition Bureau, like other competition enforcement agencies, identifies “compliance audits” as one of…
In contemplating a product-hopping case, the Bureau joins a crop of recent antitrust enforcement ... more In contemplating a product-hopping case, the Bureau joins a crop of recent antitrust enforcement efforts around the globe directed at variations of product hopping conduct. George Addy & Erika Douglas (Davies Ward Phillips & Vineberg LLP)
Enforcement restraint is particularly appropriate in circumstances where the conduct at issue, in... more Enforcement restraint is particularly appropriate in circumstances where the conduct at issue, insofar as Canada is concerned, was not illegal at all. Mark Katz & Erika Douglas (Davies, Ward)
As a former agency head explains, antitrust litigation is like fishing: “everybody likes to catch... more As a former agency head explains, antitrust litigation is like fishing: “everybody likes to catch them, but nobody wants to clean them.” Antitrust enforcers around the world are eager to catch digital platforms with monopolization cases, but little attention is being paid to the remedies that will follow.<br>This article examines a new source of complexity for those monopolization remedies — data privacy. In particular, it considers remedies that require access to, or disclosure of the information held by digital platforms, to restore online competition. How are such “data access” remedies impacted by the rise of consumer data privacy law?<br><br>As the article explains, neither current theory nor past monopolization cases answer this question. Existing theories on the interface between antitrust law and data privacy are focused on liability. Their application may therefore miss the distinct privacy impacts that arise at the remedies stage of a case. Past monopoliz...
Antitrust and data privacy law are powerful forces shaping our economy. Scarcely a day goes by wi... more Antitrust and data privacy law are powerful forces shaping our economy. Scarcely a day goes by without headline-making enforcement from one regime or the other. The result is a wealth of new interactions between these areas of law—particularly in the digital economy. This report, Digital Crossroads: The Intersection of Competition Law and Data Privacy, was written for the Global Privacy Assembly (GPA) Digital Citizen and Consumer Working Group. It seeks to identify and understand the interactions between antitrust and data privacy law around the world, drawing on the public perspectives of the agencies who enforce each area of law. It is based on a review of over 200 agency-related documents, including the relevant law, policy reports, guidance, speeches, market studies and litigation filings from numerous jurisdictions. The Report describes the nascent, varied and complex interactions appearing between these two legal realms. Though often described simply as complementary, the rela...
The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it. This legislati... more The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it. This legislation shields online service providers from secondary copyright infringement liability in exchange for takedown of infringing content of their users.
The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it. This legislati... more The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it. This legislation shields online service providers from secondary copyright infringement liability in exchange for takedown of infringing content of their users. Yet online payment processors, the backbone of $300 billion in U.S. e-commerce, are completely outside of the DMCA’s protection. This Article uses PayPal, the most popular online payment company in the U.S., to illustrate the growing risk of secondary liability for payment processors. First it looks at jurisprudence that expands secondary copyright liability online, and explains how it might be applied to PayPal. Then it considers legislative proposals and industry-self regulation that similarly target an increasing role for payment processors in the fight against online infringement. It argues that the introduction of a DMCA-like safe harbor for online payment processors offers a fairer and more efficient option for all stakeholders than the ...
If that truly turns out to be the case, the result would be consistent with the recent trend in C... more If that truly turns out to be the case, the result would be consistent with the recent trend in Canadian competition law to downplay enforcement of pricing conduct outside of horizontal price-fixing. Mark Katz & Erika Douglas (Davies Ward Phillips & Vineberg)
If the A¢â‚¬A“country pricingA¢â‚¬Â proposal is adopted, one by-product may be to affect the rela... more If the A¢â‚¬A“country pricingA¢â‚¬Â proposal is adopted, one by-product may be to affect the relative flexibility now afforded suppliers under Canada's price maintenance provision. Mark Katz & Erika Douglas (Davies Ward)
Conducting a competition law compliance audit: a checklist for corporate counsel* Canada's Co... more Conducting a competition law compliance audit: a checklist for corporate counsel* Canada's Competition Bureau, like other competition enforcement agencies, identifies “compliance audits” as one of…
In contemplating a product-hopping case, the Bureau joins a crop of recent antitrust enforcement ... more In contemplating a product-hopping case, the Bureau joins a crop of recent antitrust enforcement efforts around the globe directed at variations of product hopping conduct. George Addy & Erika Douglas (Davies Ward Phillips & Vineberg LLP)
Enforcement restraint is particularly appropriate in circumstances where the conduct at issue, in... more Enforcement restraint is particularly appropriate in circumstances where the conduct at issue, insofar as Canada is concerned, was not illegal at all. Mark Katz &amp;amp; Erika Douglas (Davies, Ward)
As a former agency head explains, antitrust litigation is like fishing: “everybody likes to catch... more As a former agency head explains, antitrust litigation is like fishing: “everybody likes to catch them, but nobody wants to clean them.” Antitrust enforcers around the world are eager to catch digital platforms with monopolization cases, but little attention is being paid to the remedies that will follow.<br>This article examines a new source of complexity for those monopolization remedies — data privacy. In particular, it considers remedies that require access to, or disclosure of the information held by digital platforms, to restore online competition. How are such “data access” remedies impacted by the rise of consumer data privacy law?<br><br>As the article explains, neither current theory nor past monopolization cases answer this question. Existing theories on the interface between antitrust law and data privacy are focused on liability. Their application may therefore miss the distinct privacy impacts that arise at the remedies stage of a case. Past monopoliz...
Antitrust and data privacy law are powerful forces shaping our economy. Scarcely a day goes by wi... more Antitrust and data privacy law are powerful forces shaping our economy. Scarcely a day goes by without headline-making enforcement from one regime or the other. The result is a wealth of new interactions between these areas of law—particularly in the digital economy. This report, Digital Crossroads: The Intersection of Competition Law and Data Privacy, was written for the Global Privacy Assembly (GPA) Digital Citizen and Consumer Working Group. It seeks to identify and understand the interactions between antitrust and data privacy law around the world, drawing on the public perspectives of the agencies who enforce each area of law. It is based on a review of over 200 agency-related documents, including the relevant law, policy reports, guidance, speeches, market studies and litigation filings from numerous jurisdictions. The Report describes the nascent, varied and complex interactions appearing between these two legal realms. Though often described simply as complementary, the rela...
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