The Role of Media Pluralism in the Enforcement of EU Competition Law

The Role of Media Pluralism in the Enforcement of EU Competition Law
Title The Role of Media Pluralism in the Enforcement of EU Competition Law PDF eBook
Author Konstantina Bania
Publisher CONCURRENCES
Pages 362
Release 2019-03
Genre
ISBN 9781939007858

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In an era of communicative abundance, consumers can access content anytime, anywhere and on any digital device. Safeguarding media pluralism has never before been as essential to our democracies as it is today. What role, if any, should EU competition law then play in protecting it? In delving into this question, Konstantina Bania conducts an in-depth analysis of the economics of the sector as well as the Commission's decision-making practice regarding mergers, abuses of dominance as well as anti-competitive agreements. Combining unique theoretical and practical insights, this book showcases novel tools for competition law enforcement to protect quality dimensions of competition and consumer welfare in media markets where consumers increasingly pay with their attention or data rather than money. This book is a must-read study for all scholars, competition authorities and policymakers interested in the question of how competition law can apply in such a manner that antitrust and merger assessments do not disregard non-price concerns such as privacy or diversity.

The Role of Media Pluralism in the Enforcement of EU Competition Law

The Role of Media Pluralism in the Enforcement of EU Competition Law
Title The Role of Media Pluralism in the Enforcement of EU Competition Law PDF eBook
Author Konstantina Bania
Publisher
Pages 404
Release 2015
Genre Antitrust law
ISBN

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EU Competition Law is generally believed to play a negligible role in protecting media pluralism. Three arguments are usually put forward to support this position. First, the application of EU competition law ensures market access, thereby potentially delivering an outcome that is of benefit to media pluralism, but this outcome is entirely dependent on the economic concerns the European Commission attempts to address in each individual case and hence (at best) coincidental. Second, precisely because it is driven by efficiency considerations, EU competition law is incapable of grasping the qualitative dimension of media pluralism. Third, when exercising State aid control, the Commission can (and must) play only a marginal role in the planning and implementation of aid measures aimed at promoting media pluralism. This thesis puts forward the claim that EU competition law has potential that remains unexplored by questioning the accuracy of the above three assumptions. To test this claim, it examines a number of traditional and new media markets (broadcasting, print and digital publishing, online search, and news aggregation) and competition law issues (concentrations, resale price maintenance agreements, online agencies, abuses of dominance, and State aids to public service media). The study demonstrates that if relevant assessments are conducted properly, that is, by duly taking account of the dimensions that drive competition in the media, including quality, variety and originality, and by making appropriate use of the tools provided by the applicable legal framework, EU competition law may go a long way towards safeguarding media pluralism without the need to stretch the limits of the Treaty on the Functioning of the European Union. Amidst a deregulatory trend towards the media and given that the likelihood that action with far-reaching implications under other branches of EU law is low, the normative suggestions put forward in this thesis possibly form the only realistic proposal on the contribution the EU can make to the protection of pluralism.

Social Media and Democracy

Social Media and Democracy
Title Social Media and Democracy PDF eBook
Author Nathaniel Persily
Publisher Cambridge University Press
Pages 365
Release 2020-09-03
Genre Business & Economics
ISBN 1108835554

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A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.

The Evolving Governance of EU Competition Law in a Time of Disruptions

The Evolving Governance of EU Competition Law in a Time of Disruptions
Title The Evolving Governance of EU Competition Law in a Time of Disruptions PDF eBook
Author Carlo Maria Colombo
Publisher Bloomsbury Publishing
Pages 369
Release 2024-02-08
Genre Law
ISBN 1509951814

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This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times. Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.

Media Freedom and Pluralism

Media Freedom and Pluralism
Title Media Freedom and Pluralism PDF eBook
Author Beata Klimkiewicz
Publisher Central European University Press
Pages 364
Release 2010-05-10
Genre Social Science
ISBN 615521185X

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Addresses a critical analysis of major media policies in the European Union and Council of Europe at the period of profound changes affecting both media environments and use, as well as the logic of media policy-making and reconfiguration of traditional regulatory models. The analytical problem-related approach seems to better reflect a media policy process as an interrelated part of European integration, formation of European citizenship, and exercise of communication rights within the European communicative space. The question of normative expectations is to be compared in this case with media policy rationales, mechanisms of implementation (transposing rules from EU to national levels), and outcomes.

European Media Law

European Media Law
Title European Media Law PDF eBook
Author Oliver Castendyk
Publisher Kluwer Law International B.V.
Pages 1428
Release 2008-01-01
Genre Law
ISBN 9041123474

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Supplies an in-depth commentary on EU media law, with detailed analysis of all important legislation and court decisions. It leads European lawyers with vast knowledge and practical experience of media law provide detailed expert commentary.

Human Rights and a Changing Media Landscape

Human Rights and a Changing Media Landscape
Title Human Rights and a Changing Media Landscape PDF eBook
Author Council of Europe
Publisher Council of Europe
Pages 220
Release 2011-01-01
Genre Social Science
ISBN 9789287171986

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The media play a crucial role in the protection of human rights. They expose human rights violations and offer an arena for different voices to be heard in public discourse. Free, independent and pluralistic media are a core element of any democracy. However, the power of the media can also be misused to the extent that the very functioning of democracy is threatened. Some media outlets have been turned into propaganda megaphones for those in power. Others have been used to incite xenophobic hatred and violence against minorities and other vulnerable groups. Now the phenomenon of social media presents us with a range of fresh challenges. Blogs, video and social networking sites have become a key forum for political debate and organisation - so much so that they have provoked counter-responses from some repressive states. While there is a need to ensure better protection of personal integrity in social media, the right to freedom of expression must not be undermined. The purpose of this publication is to contribute to a more thorough discussion on media developments and their impact on human rights in a constantly changing media landscape. Eight experts were invited to contribute their personal assessments of trends and problems. They have not shied away from addressing controversial issues or providing far-reaching suggestions. Together their texts indicate that there is a need for stronger protection of media freedom and freedom of expression in Europe today. These are clearly topics of paramount importance which demand serious public debate.