Ensuring Competition in the Clouds: The Role of Competition Law?
Queen Mary University of London, School of Law
Laise Da Correggio Luciano
Queen Mary, University of London
April 7, 2011
This article examines the potential applicability of competition law to the cloud computing sector, as well as assessing its suitability as a regulatory regime. It then considers alternative legal mechanisms, specifically measures to promote open standards and interoperability in the context of public procurement, as well as a data portability right as a demand-side measure. Despite being early days, the article argues that these latter mechanisms are likely to have a more significant impact on competition in the cloud computing sector than intervention using traditional competition measures.
Number of Pages in PDF File: 29
Keywords: Competition law, public procurement, interoperability, open standards, data protection, cloud computing, anti-competitive agreements, abuse of dominant position, state aids, intellectual property rights
Date posted: May 25, 2011