LEGAL PRACTICE: NET NEUTRALITY - BIG DATA - ALGORITHMS - TECHNOLOGY - INFORMATION EXCHANGE - BLOCKCHAIN

Blockchain: Mind the gap! Lessons learnt from the net neutrality debate and competition law related aspects

Blockchain is one of the breakthrough technologies of our times and has already started to penetrate into various industries across the globe. Given the growing recent interest in big data, algorithms as well as net neutrality, it is conceivable that blockchain technology might attract competition law authorities’ attention in the near future. The potential areas of antitrust scrutiny range between information exchange, access to blockchain networks and paid prioritisation. The authors of this article argue for an ex post competition law scrutiny rather than ex ante regulation.

1. Not only since the price for Bitcoin reached unexpected heights at the end of 2017, the blockchain technology triggers more and more public attention. The disruptive nature of this decentralised, secure and powerful technology, which can replace central counterparties, makes blockchain highly attractive for various purposes throughout different industries. At the same time, its potential significant importance for business in the future will undoubtedly also trigger the attention of regulators. While to date mainly financial supervisory authorities [1] have become vocal about blockchain, this article argues that in the future competition law authorities will also play a major role in enforcement action concerning blockchain. 2. After a short introduction into the blockchain

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Falk Schöning, Myrto Tagara, Blockchain: Mind the gap! Lessons learnt from the net neutrality debate and competition law related aspects, September 2018, Concurrences Review N° 3-2018, Art. N° 87245, www.concurrences.com

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