ARTICLE: INTERNET - INNOVATION - ESSENTIAL FACILITIES - FRAND - BIG DATA - PRIVACY PROTECTION

Connecting competition law standards to the Internet of things

The advent of the Internet of Things will entail a new Internet revolution and bring about profound changes that will rival the first wave of Internet innovation. This paper explores the competition law implications raised by this upcoming revolution. Starting by discussing the merits of open ecosystems as opposed to closed ecosystems (and the Commission policy in this respect), it moves on to address the legal tools at the disposal of litigants to unlock flawed ecosystems, be it through competition law (i.e. essential facilities theory and FRAND claims) or the new data portability right, before presenting the regulatory issues likely to arise from the rolling out of the IoT, that is, protection of privacy and practices committed by “things” (i.e. robots).

1. Originally, the Internet was conceived to interconnect computers and transmit messages. With the advent of web technologies, a first revolution took place enabling the linking of documents and the creation of a worldwide web of information (web 1.0). In the early years of this century, the Internet evolved towards a universal communication technology making it possible to carry all voice, video, or information content, with social media enabling user-generated content (web 2.0). Based on existing communication technologies like the Internet, the Internet of Things represents the next step towards digitisation. [1] 2. This so-called Internet of Things (“IoT”), or machine-to-machine connectivity and communications, promises to usher in “a third computing revolution” and bring about

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Aymeric de Moncuit, Connecting competition law standards to the Internet of things, November 2018, Concurrences Review N° 4-2018, Art. N° 88131, pp. 85-94

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