Searching for harm or harming search? A look at the European Commission’s antitrust investigation against Google. CEPS Special Report No. 118/September 2015

As the European Commission’s antitrust investigation against Google approaches its final stages, its contours and likely outcome remain obscure and blurred by a plethora of nonantitrust-related arguments. At the same time, the initial focus on search neutrality as an antitrust principle seems to have been abandoned by the European Commission, in favour of a more standard allegation of ‘exclusionary abuse’, likely to generate anticompetitive foreclosure of Google’s rivals. This paper discusses search neutrality as an antitrust principle, and then comments on the current investigation based on publicly available information. The paper provides a critical assessment of the likely tests that will be used for the definition of the relevant product market, the criteria for the finding of dominance, the anticompetitive foreclosure test and the possible remedies that the European Commission might choose. Overall, and regardless of the outcome of the Google case, the paper argues that the current treatment of exclusionary abuses in Internet markets is in urgent need of a number of important clarifications, and has been in this condition for more than a decade. The hope is that the European Commission will resist the temptation to imbue the antitrust case with an emphasis and meaning that have nothing to do with antitrust (from industrial policy motives to privacy, copyright or media law arguments) and that, on the contrary, the Commission will devote its efforts to sharpening its understanding of dynamic competition in cyberspace, and the tools that should be applied in the analysis of these peculiar, fast-changing and often elusive settings.

The puzzle in the bits: Cybersecurity, digital warfare and the future of Internet governance. CEPS Commentary, 26 June 2013

CEPS Senior Research Fellow Andrea Renda persuasively shows in this new CEPS Commentary the extent to which the global economy has become heavily reliant on the Internet, but observes that this phenomenon is becoming increasingly insidious. It is efficient, no doubt: but he asks whether it is also secure?

The internet in Russia: the cradle of civil society. OSW Commentary No. 72, 2012-03-21

In the last decade, along with economic and technological growth, Russia has seen a dynamic development of the internet. Today the net is an everyday tool of work, information and entertainment for 40% of Russians – the most educated, active and affluent part of the society. The spread of the internet (known in Russia as the Runet) has, in turn, brought about significant political and social consequences. With the political and social sphere in Russia strictly controlled by the government, most of this activity has moved to cyberspace. The internet has become an alternative to the state-controlled media, a site for the free exchange of views and a home to numerous social initiatives. In this way, it has become a school of citizenship for Russians, and a kind of ‘test tube’ that has spawned social and political activity. This activity went beyond cyberspace in the election period in 2011/2012, and turned into massive street protests. The potential of the internet has also been used by the Russian government, both to shape public opinion (via loyal online media) and to monitor civil initiatives, especially opposition ones. The state has many instruments of technical control and supervision of the internet and its users’ activity. This control was used in the election period 2011/2012, when selected sites were blocked and pressure exerted on independent websites. These actions were a warning sign from the government, aimed at discouraging internet users from any opposition activity. However, it does not seem feasible that any restriction of such activity can be effective. The scale of this activity is now enormous, and attempts to censor the net and resorting to repression against internet users on a wider scale would only fuel resentment towards the government.

War Crimes and Shifting Borders in the Middle East. CEPS Essay No. 14, 11 September 2014

The summer of 2014 saw an explosion of violence in the Middle East: Israel delivered a sledgehammer blow against Gaza, Lebanon was again the scene of terrorist onslaught, and the relentless war in Syria pushed the numbers of casualties and displaced people to record highs. In terms of geopolitical change, however, the advance of the ‘Islamic State’ and the emergence of a de facto independent Iraqi Kurdistan are the most important recent developments in the region. Common to all these conflicts are the levels of barbarity involved in this struggle for a place in the region’s security order.

Internet “Freedom” in Turkey. EPC Commentary, 2 March 2015

From the Introduction. Fundamental rights and freedoms in Turkey have been in decline for the last few years, including internet freedom, with Turkey hardly meeting the EU’s Human Rights Guidelines on Freedom of Expression.

Telecommunications and Internet Services: The digital side of the TTIP. Paper No. 8 in the CEPS-CTR project ‘TTIP in the Balance’ and CEPS Special Report No. 112/July, 17 July 2015

In the overall negotiations on the Transatlantic Trade and Investment Partnership (TTIP), the digital chapter appears to be growing in importance. This is due to several factors, including the recent Datagate scandal that undermined trust between the negotiating parties and led to calls to suspend the US-EU Safe Harbour agreement as well as the furious debate currently ongoing in both legal systems on key issues such as policies to encourage broadband infrastructure deployment, network neutrality policies and the application of competition policy in cyberspace. This paper explores the current divergences between the two legal systems on these key issues and discusses possible scenarios for the ultimate agreement to be reached in the TTIP: from a basic, minimal agreement (which would essentially include e-labelling and e-accessibility measures) to more ambitious scenarios on network neutrality, competition rules, privacy and interoperability measures.