The Economics, Law and Policy of Communications and media Markets by Maria Luisa Stasi

1. The Economics, Law and Policy of
Communications and Media Markets
Scientific Seminar
Maria Luisa Stasi
FSR Comms & Media
maria.stasi@eui.eu
Florence, 24 March 2017 1

2. Discussion of the paper:
From the Scarcity of Broadcast Frequencies to the Filter
Bubble
Gábor Polyák
The paper analyses the role of new gatekeepers in the online
media value chain, the problem of access to information and a
number of possible regulatory responses to ensure diversity of
access to information and media consumption
2Florence, 24 March 2017

3. Gatekeepers: intermediary function between the information and the
audience.
Gatekeepers of internet communication:
§ Search engines
§ Social Media
§ News Aggregators
§ Digital Stores?
§ Messaging applications?
§ Software and middleware services technically parts of the
digital receiver sets
3Florence, 24 March 2017

4. Data flow management services
Market definition
§ Geographic market
§ Product market
Algorithms
§ Algorithm v. business model
§ Interplay between transparency requirements / protection of
business secrets / protection of fundamental rights.
Equilibrium?
§ Compliance by design?
4Florence, 24 March 2017

5. Challenges concerning regulatory responses
Must-carry requirements
§ Limiting freedom of economic activities: legal basis?
§ Only for dominant players?
Users’ empowerment
§ Consent
§ Lack of alternatives (or, at least, as efficient alternatives)
§ Possibility to object to breach of fundamental rights not left
to individuals
5Florence, 24 March 2017

6. Challenges concernig regulatory responses
§ Graduated regulation?
§ Self and co-regulation? (multi-stakeholderism)
§ Enforcement
§ If competition law to be applied: what is the theory of harm?
Using competition law to protect different interests / values?
Ex-post intervention enough to safeguard fundamental
rights?
6Florence, 24 March 2017