/library/oar/handle/123456789/1903 2025-11-08T21:42:52Z /library/oar/handle/123456789/136006 Title: Self-preferencing in the digital markets : a new offence under article 102 TFEU? Abstract: This research examines the practice of self-preferencing by vertically-integrated digital platforms acting as gatekeepers, and whether such practice may constitute a standalone abuse under article 102 of the Treaty on the Functioning of the European Union (TFEU). This study is carried out against the backdrop of several prominent and public antitrust cases initiated against large digital platforms, or gatekeepers, such as Apple, Amazon, Facebook, and Google, which have been accused of exploiting their dominant position in one market to allow favourable treatment of their products, giving rise to ‘self-preferencing’ or ‘leveraging’ conduct sanctionable under EU competition law. By analysing decisions delivered by the courts and the European Commission, this dissertation examines how progressively the practice of self-preferencing has been construed as a standalone abuse within the ambit of article 102 TFEU. Chapter 1 identifies the main features of digital markets in the competition landscape and the types of leveraging behaviour developed. Chapter 2 examines how self-preferencing may fall within the scope of ‘traditional’ antitrust theories. Chapter 3 delves into the watershed Google Shopping case explaining the rationale which led to the courts classifying self-preferencing as a separate theory of harm under article 102 TFEU. Chapter 4 critically examines the legal tests developed by the courts in Google Shopping and their application to self-preferencing cases. Chapter 5 discusses the effects of the ex-ante regulations introduced by the Digital Markets Act in respect of gatekeepers. This research argues that notwithstanding the pronouncement by the courts in Google Shopping, self-preferencing as a label continues to overlap with existing legal categories. Additionally, the lack of the development of a legal test complicates its application in other anticompetitive cases. Description: LL.M. 2025-01-01T00:00:00Z /library/oar/handle/123456789/136005 Title: The digital services act's risk-based approach to disinformation on social media platforms Abstract: This dissertation analyses the measures and effects of the Digital ¸£ÀûÔÚÏßÃâ·Ñ Act as part of the risk-based approach to curbing disinformation on social media platforms. Disinformation is diverse and is disseminated with different intentions and by different, primarily technical, means. Enhanced due diligence measures require very large online platforms to analyse risks and derive measures that address systemic risks such as disinformation to public health, security and democratic processes. The measures are also analysed in terms of their strengths and weaknesses to enable an assessment of their effectiveness in achieving the objectives set out in the Digital ¸£ÀûÔÚÏßÃâ·Ñ Act. The Regulation's shortcomings with regard to the regulation of political advertising can be compensated for by the Regulation on the transparency and targeting of political advertising, which places stricter requirements. Overall, the Regulation provides a solid foundation with a flexible, risk-based approach to tackling harmful but not illegal content. Description: LL.M. 2024-01-01T00:00:00Z /library/oar/handle/123456789/136003 Title: Regulating general purpose AI : a legal analysis of the EU artificial intelligence act Abstract: This dissertation presents a comprehensive legal analysis of the European Union's Artificial Intelligence Act (AI Act) with a focus on the regulation of General Purpose AI (GPAI). GPAI, due to its versatility and widespread applicability across various sectors, poses unique challenges for regulation. The EU AI Act seeks to address these challenges by introducing a tiered regulatory framework that balances the need for innovation with the imperative to protect fundamental rights and ensure transparency, accountability, and safety. The analysis explores key aspects of the Act, including transparency requirements, risk management, data governance, and the handling of biases. It also examines the Act's provisions for the regulation of AI systems with a high-impact capability, particularly those exceeding significant computational thresholds, and the implications for both developers and users. Through a detailed examination of the legal, ethical, and practical considerations, this dissertation assesses the effectiveness of the AI Act in creating a regulatory environment that fosters responsible AI development while mitigating risks associated with GPAI. The study highlights the importance of striking a balance between regulation and innovation, the challenges in enforcing compliance, and the need for a dynamic regulatory approach that can adapt to the rapidly evolving landscape of AI technology. This research contributes to the ongoing discourse on AI regulation by offering insights into how the EU AI Act addresses the complexities of GPAI and proposing avenues for future legal and policy development in this area. Description: LL.M. 2024-01-01T00:00:00Z /library/oar/handle/123456789/136001 Title: Golden passports and silver linings : a comparative analysis of citizenship by investment programmes within the EU legal framework Abstract: Citizenship is widely accepted as a fundamental human right across the international community. The fact that nations sometimes strip individuals of their otherwise available citizenship rights has generated extensive academic and judicial attention in recent years. Notable examples include countries revoking citizenship for undesirable persons, such as terrorists or other serious criminal actors. This dissertation considers the equally provocative but less understood issues surrounding the ways that states offer desirable individuals ‘citizenship by investment’ (CBI) and associated ‘golden passport’ rights. Since 2013, the Republic of Malta has emulated the approaches taken by other states (often developing world nations) to offer citizenship based on foreign individuals committing to making a significant personal investment in Malta. Austria is the only other European Union (EU) member that sanctions this pathway to citizenship (under much more restrictive terms than its Maltese counterpart). The current European Commission (EC) v Republic of Malta European Court of Justice (ECJ) proceedings have prompted renewed ‘golden passport’ attention. The EC argues that Malta’s citizenship program violates European treaty provisions because Maltese law permits the naturalisation of foreign individuals through financial investment without these people having a establish a genuine link to the country. Malta asserts that its programme is consistent with international law, namely the sovereign right of all states to control their borders and citizenship entitlements. Chapter 1 outlines how CBI programmes are typically structured, with their core principles and central objectives identified and explained. Chapter 2 provides an in-depth review of the current Maltese programme and its specific features. Comparisons are made here between the respective CBI regimes of Malta, Austria, and Türkiye (an adjacent non-EU state). Chapter 3 focuses on the proceedings and legality of EC v Malta. This analysis provides the basis for the Chapter 4 prediction: how Malta will successfully defend its CBI programme. Description: LL.M. 2024-01-01T00:00:00Z