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La disciplina delle reti nel diritto dell'economia
In: Trattato di diritto dell'economia 6
Artificial Intelligence and Competition Law. A Computational Analysis of the DMA and DSA
In: Concurrences, 3 (2021)
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From BADs to BEDs. Algorithmic Disclosure Regulation. Theoretical aspects for empirical application
In: Hebrew University of Jerusalem Legal Research Paper 20-18
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Working paper
In Praise of an Empowerment Disclosure Regulatory Approach to Algorithms
In: IIC - International Review of Intellectual Property and Competition Law, Band 49, Heft 5, S. 507-511
ISSN: 2195-0237
Abusive practices in competition law
In: ASCOLA competition law
Defining Virtual Worlds: Main Features and Regulatory Challenges
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Co-regulating algorithmic disclosure for digital platforms
In: Policy and society, Band 40, Heft 2, S. 272-293
ISSN: 1839-3373
ABSTRACT
With digital platforms gaining dominant intermediating role and exerting regulatory functions vis-à-vis small and medium-sized enterprises (SMEs) through algorithms, EU institutions have started considering to rely on their analytical capacity to regulate the myriads of market transactions occurring within and through them (so-called platform-to-business, or P2B transactions). Most of the time, the EU suggests recurring to light-tough disclosure duties. Hence, the European model falls short in rebalancing information asymmetry and unequal bargaining power plaguing the SMEs. In practice, the EU model consists either in pure delegation of self-regulatory powers (codes of conduct) or non-enforceable co-regulatory schemes (with technical standards established by the platforms themselves). Other models have been suggested that rely on the regulator's access to the platform's data (so called savvy and data-delegated options). These governance models present several limitations, making the platforms' role as regulatory intermediators little credible. In this scenario, the paper purports that a third option should be considered. In particular, to tackle the multifaceted risks associated with algorithmic decisions by digital platforms, while at the same time avoiding stifling innovation, it makes three suggestions: (1) also information disclosures should be done by an algorithm; (2) that is pre-tested in a co-regulatory process, that involves the regulator and stakeholders; and (3) enforced through legal and other empowerment tools, rather than sole fines.
"I Access Your Data, You Access Mine": Requiring Data Reciprocity in Payment Services
In: IIC - International Review of Intellectual Property and Competition Law, Band 51, Heft 3, S. 307-329
ISSN: 2195-0237
Algorithmic Information Disclosure by Regulators and Competition Authorities
In: Global Jurist, 2019
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Working paper
Behavioural Sciences in Practice: Lessons for EU Policymakers
In: Anne-Lise Sibony and Alberto Alemanno (eds), Nudging and the Law. What can EU Learn from Behavioural Sciences?, Oxford, Hart Publ., 2014 (Forthcoming)
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Cognitive-Based Regulation: New Challenges for Regulators?
In: Rivista di diritto pubblico italiano, comunitario e comparato, Forthcoming
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Talking at Cross Purposes? A Computational Analysis of the Debate on Informational Duties in the Digital Services and the Digital Markets Acts
In: Technology and Regulation, DOI: 10.26116/techreg, ISSN: 2666-139X
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'I See Something You Don't See'. A Computational Analysis of the Digital Services Act and the Digital Markets Act
In: vol 6, Stanford Computational Antitrust, 2021
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