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This online section of the University of Illinois Journal of Law, Technology & Policy contains drafts of Articles, Essays and Student Notes that have been accepted for publication and currently are undergoing the peer-review process. Although these drafts may not reflect the content or form of the final publication, they are placed in this section to elicit feedback from the site's scholarly visitors. Comments on the materials in this section may be made by emailing JLTP directly.

Volume 2017 — Issue 2 (Fall)

"The Theory of Abuse in Google Search: A Positive and Normative Assessment under EU Competition Law" by Pinar Akman
Download PDF | Abstract

In its ongoing investigation into Google’s search practices, Google Search, the Commission alleges that Google abuses its dominant position on the web search market by giving systematic favourable treatment to its ‘comparison shopping product’ (namely, ‘Google Shopping’) in its general search results pages. This article analyses whether the conduct in question in Google Search can be an abuse under Article 102TFEU (prohibiting the abuse of a dominant position in the EU) and if so, under what conditions. The article proceeds by first providing a positive assessment of the application of Article 102TFEU and the relevant case law to the issues involved in Google Search on the assumption that the Commission may seek to place the facts under an existing category of abuse. Three categories of abuse are analysed to this end: refusal to deal (including the essential facilities doctrine); discrimination; and tying. The article then proceeds to a normative assessment of the circumstances under which Article 102TFEU should be applied in Google Search under a principled conceptualisation of ‘abuse’: one which requires exploitation, exclusion, and a lack of an increase in efficiency. The article finds that the facts in Google Search do not meet the requirements of the existing law to be found abusive unless the established frameworks for the types of abuse examined are unjustifiably disrupted. It also finds that under the principled conceptualisation of abuse adopted in this article, the facts in Google Search do not represent the type of conduct that should be found abusive either.

"Imagination, Invention, and Patent Incentives: The Psychology of Patent Law"

"Internet, New Technologies and Value: Taking Share of Economic Surveillance"

"Safety First! Why We Need Mandatory Data Sharing for Self-Driving Cars"

Volume 2018 — Issue 1 (Spring)

"A Location-Based Test For Jurisdiction Over Data: The Consequences For Global Online Privacy"