Abusing data dominance in the digital market. The application of merger control and article 102 TFEU to data-related conducts.

The internet and digital technologies revolutionized the economy. Regulating the digital market has become a priority for the European Union. While promoting innovation and development, EU institutions must assure that the digital market maintains a competitive structure. Among the numerous elements characterizing the digital sector, users’ data are particularly important. Digital services are centered around personal data, the accumulation of which contributed to the centralization of market power in the hands of a few large providers. As a result, data-driven mergers and data-related abuses gained a central role for the purposes of EU antitrust enforcement. In light of these considerations, this work aims at assessing whether EU competition law is well-suited to address data-driven mergers and data-related abuses of dominance. These conducts are of crucial importance to the maintenance of competition in the digital sector, insofar as the accumulation of users’ data constitutes a fundamental competitive advantage. To begin with, part 1 addresses the specific features of the digital market and their impact on the definition of the relevant market and the assessment of dominance by antitrust authorities. Secondly, part 2 analyzes the EU’s case law on data-driven mergers to verify if merger control is well-suited to address these concentrations. Thirdly, part 3 discusses abuses of dominance in the phase of data collection and the legal frameworks applicable to these conducts. Fourthly, part 4 focuses on access to “essential” datasets and the indirect effects of anticompetitive conducts on rivals’ ability to access users’ information. Finally, Part 5 discusses differential pricing practices implemented online and based on personal data. As it will be assessed, the combination of an efficient competition law enforcement and the auspicial adoption of a specific regulation seems to be the best solution to face the challenges raised by “data-related dominance”.

Metamorphoses of Endymion and Selene: Dominance, Objectification, and Necrophilia

The aim of the research is to understand the transformations of the myth of Endymion and Selene from the Ancient World to the Contemporary Times with regard to the intersection of dominant femininity and objectified masculinity. The final goal is to show how these two macro-concepts have been represented according to a dialectical mechanism of cultural constants and variations of which the myth stands as a privileged plane of study. This connection will be explored in detail alongside with the eroticization of the sleeping and dead male body, to which its erotic agency is to be restored, by a woman who explicitly shows an erotic desire towards him. These two marginal desires are analysed from the point of view of the dialectic antagonistic to hegemony, and their expressive effects are examined in different media: literary, artistic, cinematographic. This relationship between the two lovers is marked by a significant presence of death that in the first part of the thesis is called female proto-necrophilia, while in the last part is named female necrophilia. The relationship that is in established between the two is a clear example of how anti-normative desires have undergone numerous attempts of neutralization and have increasingly become an expression of the medicalization of the uncanny. Female necrophilia is in fact the last step of a mythical romance that undermines the normative and hegemonic construction of ordinariness, but at the same time manifests its expressive and irrepressible power throughout the literature and arts of the Global North. To examine this in depth, the research is divided into five chapters.