Blockchains and Cybercurrencies Challenging Anti Trust and Competition Law


Book Description

Blockchain technology has come to most people's attention through Bitcoin as the leading cryptocurrency today. But the technology can be used for a lot of other applications as a way to store decentralized data and information. Blockchains are filing their records through a continuously growing number of single “blocks” which are linked and secured using cryptography. Typically, such blockchains are managed by a peer-to-peer network using a specified protocol for validating new blocks. By storing data across an international network, this new technology is operating independently of any government or central bank as it is not residing in a specific area of influence of any given regulation or jurisdiction. Also, there is the question as to which court has jurisdiction in context of blockchain disputes based on the international and anonymous structure. These systems also offer a high level of anonymity to their participants. Given these scenarios it has to be considered that blockchains with shared use of distributed ledgers by several competitors might be a considerable risk under antitrust and competition laws. To get full value for future blockchain applications, a deep cooperation and collaboration on a common platform by all participants - that often will also be competitors - will be necessary. Although collaborating to achieve an outcome more efficiently is generally not sanctioned by antitrust laws, there are still potential antitrust concerns to be considered. And finally, due to the automatic and irreversible execution of blockchain transactions, one has also to think about technical precautions for enforcing any possible court decisions. All these challenges for the future will ask for a strong self-regulation of the market participants in the digital marketplace.




Regulating Blockchain


Book Description

The aim of this book is to understand the technological and business potential of the blockchain technology and to reflect on its legal challenges, providing an unparalleled critical analysis of the disruptive potential of this technology for the economy and the legal system.




Blockchain + Antitrust


Book Description

This innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate.




International Handbook of Blockchain Law


Book Description

Blockchain’s significant advances since 2020 – including a plethora of new use cases – have necessitated a comprehensive revision of the first edition of this matchless resource. While new chapters and topics have been added, the handbook still follows the systematic and structured approach of the first edition. Each contributor – all of them practitioners experienced with blockchain projects within their respective areas of expertise and specific jurisdictions – elucidates the implications of blockchain technology and related legal issues under such headings as the following: understanding blockchain from a technological point of view; regulatory aspects of blockchain; smart contracts; data privacy; capital markets; crypto asset regulation in Europe, the UK and the US; intellectual property; and antitrust law. The foundational chapter on the technical aspects of blockchain technology has been meticulously expanded to elucidate the proof of stake consensus mechanism alongside fresh insights into the ERC-721 Token Standard for non-fungible tokens, decentralized exchanges, staking, stablecoins, and central bank digital currencies. As blockchain law cements itself as a distinct legal field, this new edition is poised to be an invaluable asset for legal practitioners, in-house lawyers, IT professionals, consultancy firms, blockchain associations, and legal scholars. At a depth that allows non-IT experts to understand the groundwork for legal assessments, the handbook provides those charting the dynamic waters of this field of law with a compass, ensuring they are well-equipped to tackle the legal issues raised by the usage of blockchain technology.




Blockchain and Public Law


Book Description

This important and topical book provides a comprehensive overview of the challenges raised by blockchain from the perspective of public law. It considers the ways in which traditional categories of public law such as sovereignty, citizenship and territory are shaped, as well as the impact of blockchain technology on fundamental rights and democratic values.




Distributed Ledger Technology and Digital Assets


Book Description

This report offers an analytical framework that allows for more systemic assessments of distributed ledger technology (DLT) and its applications. It examines the evolution and typology of the emergent technology, its existing and projected applications, and regulatory and policy issues that they entail. This report highlights the trends, concerns, and potential opportunities of DLTs, especially for Asian markets. It also identifies the benefits and risks to using DLT and offers a functional and proportional approach to these issues.




The Rise of Digital Money


Book Description

This paper marks the launch of a new IMF series, Fintech Notes. Building on years of IMF staff work, it will explore pressing topics in the digital economy and be issued periodically. The series will carry work by IMF staff and will seek to provide insight into the intersection of technology and the global economy. The Rise of Digital Money analyses how technology companies are stepping up competition to large banks and credit card companies. Digital forms of money are increasingly in the wallets of consumers as well as in the minds of policymakers. Cash and bank deposits are battling with so-called e-money, electronically stored monetary value denominated in, and pegged to, a currency like the euro or the dollar. This paper identifies the benefits and risks and highlights regulatory issues that are likely to emerge with a broader adoption of stablecoins. The paper also highlights the risks associated with e-money: potential creation of new monopolies; threats to weaker currencies; concerns about consumer protection and financial stability; and the risk of fostering illegal activities, among others.




Code


Book Description

There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.




Law and Economics of Article 102 TFEU


Book Description

“A reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.” Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, and Qualcomm.




Bitcoin and Cryptocurrency Technologies


Book Description

An authoritative introduction to the exciting new technologies of digital money Bitcoin and Cryptocurrency Technologies provides a comprehensive introduction to the revolutionary yet often misunderstood new technologies of digital currency. Whether you are a student, software developer, tech entrepreneur, or researcher in computer science, this authoritative and self-contained book tells you everything you need to know about the new global money for the Internet age. How do Bitcoin and its block chain actually work? How secure are your bitcoins? How anonymous are their users? Can cryptocurrencies be regulated? These are some of the many questions this book answers. It begins by tracing the history and development of Bitcoin and cryptocurrencies, and then gives the conceptual and practical foundations you need to engineer secure software that interacts with the Bitcoin network as well as to integrate ideas from Bitcoin into your own projects. Topics include decentralization, mining, the politics of Bitcoin, altcoins and the cryptocurrency ecosystem, the future of Bitcoin, and more. An essential introduction to the new technologies of digital currency Covers the history and mechanics of Bitcoin and the block chain, security, decentralization, anonymity, politics and regulation, altcoins, and much more Features an accompanying website that includes instructional videos for each chapter, homework problems, programming assignments, and lecture slides Also suitable for use with the authors' Coursera online course Electronic solutions manual (available only to professors)