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.

Protecting user privacy in the Cloud: an analysis of terms of service

We present the results of a study that collected, compared and analyzed the terms and conditions of a number of cloud services vis-a-vis privacy and data protection. First, we assembled a list of factors that comprehensively capture cloud companies' treatment of user data with regard to privacy and data protection; then, we assessed how various cloud services of different types protect their users in the collection, retention, and use of their data, as well as in the disclosure to law enforcement authorities. This commentary provides comparative and aggregate analysis of the results.

Privacy and surveillance in the digital age: a comparative study of the Brazilian and German legal frameworks

This briefing is an input to the discussions that will take place in the session “Privacy under mass surveillance: a multi-stakeholder international challenge” to be held on November 9th in João Pessoa, Brazil, during the “Day Zero” of the Internet Governance Forum. This document is one of the outputs of the first phase of the project “Privacy in the digital age: fostering the implementation of the bilateral German-Brazilian strategy in response to massive data collection”, jointly developed by the Center for Technology and Society of the Rio de Janeiro Law School of the Getulio Vargas Foundation and the German Institute for International and Security Affairs (SWP), with the support of FGV. The project Privacy in the Digital Age seeks to identify legal, political, technical, and economic incentives for the implementation of resolution 168/67 on Privacy in the Digital Age, proposed by Germany and Brazil, and approved by the United Nations General Assembly and to identify other potential areas of collaboration between Germany and Brazil in the field of Internet Governance.

Old Law Building

Law building -- original building

Law Quadrangle Bust of Cook

York and Sawyer, architects. Given to the university by William W. Cook, the four buildings comprising the Law Quadrangle with their construction dates are: the Lawyers Club, 1924; the John P. Cook Dormitory, 1930; the Legal Research Building, 1931, and Hutchins Hall, 1933. The Legal Research Building includes the original library.

Law Quadrangle - Portion of William W. Cook's will - plaque

York and Sawyer, architects. Given to the university by William W. Cook, the four buildings comprising the Law Quadrangle with their construction dates are: the Lawyers Club, 1924; the John P. Cook Dormitory, 1930; the Legal Research Building, 1931, and Hutchins Hall, 1933. The Legal Research Building includes the original library.

Law Quadrangle - Portrait of T.M. Cooley in hall

York and Sawyer, architects. Given to the university by William W. Cook, the four buildings comprising the Law Quadrangle with their construction dates are: the Lawyers Club, 1924; the John P. Cook Dormitory, 1930; the Legal Research Building, 1931, and Hutchins Hall, 1933. The Legal Research Building includes the original library.

Law Quadrangle

York and Sawyer, architects. Given to the university by William W. Cook, the four buildings comprising the Law Quadrangle with their construction dates are: the Lawyers Club, 1924; the John P. Cook Dormitory, 1930; the Legal Research Building, 1931, and Hutchins Hall, 1933. The Legal Research Building includes the original library.

Law Quad & students

York and Sawyer, architects. Given to the university by William W. Cook, the four buildings comprising the Law Quadrangle with their construction dates are: the Lawyers Club, 1924; the John P. Cook Dormitory, 1930; the Legal Research Building, 1931, and Hutchins Hall, 1933. The Legal Research Building includes the original library.

Law Quadrangle

York and Sawyer, architects. Given to the university by William W. Cook, the four buildings comprising the Law Quadrangle with their construction dates are: the Lawyers Club, 1924; the John P. Cook Dormitory, 1930; the Legal Research Building, 1931, and Hutchins Hall, 1933. The Legal Research Building includes the original library. News Service stamp on verso.

Law School

York and Sawyer, architects. The Wiliam W. Cook Legal Research Building was completed in 1931, the third of the four buildings William W. Cook gave to form the Law Quadrangle, 1924-1933. In 1955, the original six level stackroom was increased to ten levels. The underground addition designed by Gunnar Birkerts Associates was completed in 1981.