Skip to main content

Lund University Publications

LUND UNIVERSITY LIBRARIES

FAIRNESS, DIGITAL MARKETS AND COMPETITION LAW : – RECONCILING FAIRNESS NORMS IN DIGITAL MARKETS ACT, DATA ACT AND AI ACT WITH COMPETITION LAW

Kianzad, Behrang LU (2025) In Journal of Law, Market and Innovation 4(1). p.133-133
Abstract
The present article explores the implication of fairness as a regulatory and competition law concept applied to digital and Artificial Intelligence markets, in light of recent law and policy developments targeting the interaction between data, market power and competition law.
Much of the policy discussions, legislative proposals as well some emerging case law elevate the matter of “fairness” in the context of digital markets and AI, creating both a novel regulatory framework as well as encouraging competition law to curb “unfairness” of said markets and related “unfair practices”.
The interface between intellectual property rights and competition law is of utmost importance in this context, where we might find similar analogous... (More)
The present article explores the implication of fairness as a regulatory and competition law concept applied to digital and Artificial Intelligence markets, in light of recent law and policy developments targeting the interaction between data, market power and competition law.
Much of the policy discussions, legislative proposals as well some emerging case law elevate the matter of “fairness” in the context of digital markets and AI, creating both a novel regulatory framework as well as encouraging competition law to curb “unfairness” of said markets and related “unfair practices”.
The interface between intellectual property rights and competition law is of utmost importance in this context, where we might find similar analogous insights as we can find regarding the matter of fairness within traditional EU competition law. Further, the question remains whether the “fairness norm” expressed in regulatory acts such Digital Markets Act, EU AI Act and the EU Data Act are akin to the “fairness” norms found in Union competition law, mainly under Article 102 Treaty on the Functioning of the European Union (TFEU). (Less)
Abstract (Swedish)
The present article explores the implication of fairness as a regulatory and competition law concept applied to digital and Artificial Intelligence markets, in light of recent law and policy developments targeting the interaction between data, market power and competition law. Much of the policy discussions, legislative proposals as well some emerging case law elevate the matter of “fairness” in the context of digital markets and AI, creating both a novel regulatory framework as well as encouraging competition law to curb “unfairness” of said markets and related “unfair practices”.

Nevertheless, the concepts of “fairness” and its relevance and impact on legal and economic reasoning is seldom analysed in-depth, nor are the... (More)
The present article explores the implication of fairness as a regulatory and competition law concept applied to digital and Artificial Intelligence markets, in light of recent law and policy developments targeting the interaction between data, market power and competition law. Much of the policy discussions, legislative proposals as well some emerging case law elevate the matter of “fairness” in the context of digital markets and AI, creating both a novel regulatory framework as well as encouraging competition law to curb “unfairness” of said markets and related “unfair practices”.

Nevertheless, the concepts of “fairness” and its relevance and impact on legal and economic reasoning is seldom analysed in-depth, nor are the definitions given in the regulatory frameworks such as Digital Markets Act, the EU AI Act and the EU Data Act satisfactory defined for the purposes of practical application and legal certainty. Further, the interface between intellectual property rights and competition law is of utmost importance in this context, where we can find similar analogous insights as we can find regarding the matter of fairness within traditional EU competition law, to better understand the concept of fairness entailed in the above mentioned acts pertaining to digital, data and AI markets.

The claim is made that the approach in DMA, Data Act and AI Act regarding what constitutes “fair and contestable” versus what constitutes “unfair behaviour” should be firmly grounded and inspired by the long-standing approach to those matters within European competition law, to offer the desired legal certainty and harmonious application throughout the European Union. One such example concern the matter of unfair pricing in European competition law as defined per Article 102 Treaty on the Functioning of European Union, where insights on what constitutes an unfair price can be transposed to matters such as algorithmic pricing collusion or unfair pricing enabled by personalised data or other forms of network effects.
(Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
digital markets, artificial intelligence, fairness
in
Journal of Law, Market and Innovation
volume
4
issue
1
pages
160 pages
ISSN
2785-7867
project
Fairness and Digital Markets in European Law and Economics
language
English
LU publication?
yes
id
47d29975-27be-428d-9938-83a99fbc25b7
alternative location
https://ojs.unito.it/index.php/JLMI/article/view/11807
date added to LUP
2024-12-20 13:17:40
date last changed
2025-04-04 14:05:07
@article{47d29975-27be-428d-9938-83a99fbc25b7,
  abstract     = {{The present article explores the implication of fairness as a regulatory and competition law concept applied to digital and Artificial Intelligence markets, in light of recent law and policy developments targeting the interaction between data, market power and competition law.<br/>Much of the policy discussions, legislative proposals as well some emerging case law elevate the matter of “fairness” in the context of digital markets and AI, creating both a novel regulatory framework as well as encouraging competition law to curb “unfairness” of said markets and related “unfair practices”.<br/>The interface between intellectual property rights and competition law is of utmost importance in this context, where we might find similar analogous insights as we can find regarding the matter of fairness within traditional EU competition law. Further, the question remains whether the “fairness norm” expressed in regulatory acts such Digital Markets Act, EU AI Act and the EU Data Act are akin to the “fairness” norms found in Union competition law, mainly under Article 102 Treaty on the Functioning of the European Union (TFEU).}},
  author       = {{Kianzad, Behrang}},
  issn         = {{2785-7867}},
  keywords     = {{digital markets; artificial intelligence; fairness}},
  language     = {{eng}},
  month        = {{03}},
  number       = {{1}},
  pages        = {{133--133}},
  series       = {{Journal of Law, Market and Innovation}},
  title        = {{FAIRNESS, DIGITAL MARKETS AND COMPETITION LAW : – RECONCILING FAIRNESS NORMS IN DIGITAL MARKETS ACT, DATA ACT AND AI ACT WITH COMPETITION LAW}},
  url          = {{https://ojs.unito.it/index.php/JLMI/article/view/11807}},
  volume       = {{4}},
  year         = {{2025}},
}