Ensuring Competition in the Clouds: The Role of Competition Law?

29 Pages Posted: 25 May 2011

See all articles by Ian Walden

Ian Walden

Centre for Commercial Law Studies, Queen Mary University of London, School of Law ; University of London - Centre for Commercial Law Studies (CCLS)

Laise Da Correggio Luciano

Queen Mary, University of London

Date Written: April 7, 2011

Abstract

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.

Keywords: Competition law, public procurement, interoperability, open standards, data protection, cloud computing, anti-competitive agreements, abuse of dominant position, state aids, intellectual property rights

Suggested Citation

Walden, Ian and Luciano, Laise Da Correggio, Ensuring Competition in the Clouds: The Role of Competition Law? (April 7, 2011). Available at SSRN: https://ssrn.com/abstract=1840547 or http://dx.doi.org/10.2139/ssrn.1840547

Ian Walden (Contact Author)

Centre for Commercial Law Studies, Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, London WC2A 3JB
United Kingdom

University of London - Centre for Commercial Law Studies (CCLS) ( email )

Charterhouse Square
London, EC1M 6AX
United Kingdom

Laise Da Correggio Luciano

Queen Mary, University of London ( email )

Mile End Road
London, London E1 4NS
United Kingdom

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