Presentation “European undertakings as world police?”
During the conference "Wirtschaft und Methode" at the University of Vienna on 30 November 2023, Tabea Bauermeister spoke about the future CSDD-Directive and its use of undertakings. In particular, she asked whether undertakings are instrumentalised in order to project European human rights standards and environmental protection provisions into non-EU countries.
Comment on the Bundeskartellamt-decision on Google data processing (05/10/2023 - B7-70/21)
In practical terms, the Bundeskartellamt-decision on Google data processing (05/10/2023 - B7-70/21) means that Alphabet must grant its users a comprehensive right of choice regarding cross-service data processing. In her comment published in WuW 12/2023, Tabea Bauermeister highlights that the comparison with previous proceedings based on Section 19 of the German Competition Act and with the Digital Markets Act is at least as interesting as these practical benefits.
Presentation “Digital remote access – re-evaluation because of new EU law?”
During the conference "Legal Enforcement in the Digital Space" at the Johannes Kepler University Linz on 24 November 2023, Tabea Bauermeister explored the question of whether the Digital Content Directive and the Sale of Goods Directive require re-evaluating the case law on digital remote access.
Blog post about new provisions in German Competition Law
On Kluwer Competition Law Blog, Tabea Bauermeister introduces the three major novelties following the latest amendment law to the German Competition Act on 7 November 2023:
a new competition tool irrespective of an infringement but relying on problematic market conditions
national provisions accompanying the DMA (Bundeskartellamt-investigations into possible infringements of the DMA as well as provisions allowing for damage claims)
a presumption of infringement benefits
Lecture "On autonomous arbitrary law enforcement in a digitalized world"
As for e.g. a landlord it is quite tempting to change the door locks in the absence of the non-evicted tenant, taking law enforcement into one’s own hands is a longstanding, well-known whish. Because a digital door lock can be reprogrammed remotely and the battery of an e-car can be provided with a recharge lock, digitalization increasingly adds further opportunities. Regarding these new methods, the BGH (26/10/2022 - XII ZR 89/21) expressed skepticism. However, Section 327p para. 1 p. 2 BGB now provides for the possibility of preventing further use by the contractual partner. As part of a lecture at Bucerius Law School on 15 November, Tabea Bauermeister explored the question of whether following this new provision, as long as only digital tools are used, autonomous arbitrary law enforcement is now a feasible option.
New lecture: "Private Digital Law I" (Mon, 4-6 p.m.)
Lecture "Private Enforcement of the Digital Markets Act"
On September 30th, as part of the interdisciplinary postdoctoral conference "Competition in Digital Markets", Tabea Bauermeister gave a presentation on Private Enforcement of the Digital Markets Act at the University of Würzburg.
Fotos: Wolfram Merger
Further information about the conference:
Lecture "Rights of Nature – Nothing but Symbolism?"
On September 26th, as part of the "1st Ars Iuris Legal Potentials Conference", Tabea Bauermeister gave a presentation on the Rights-of-Nature-movement and its potential regarding law enforcement.
On November 1st, a short version of said presentation was published on Ars Iuris Vienna – Blog: https://arsiuris.univie.ac.at/blog/detailansicht-blog/news/rights-of-nature-nothing-but-symbolism/
Lecture "Sec. 327p Para. 1 Sentence 2 of the German Civil Code – Moderate Development or System Disruption?"
At the 24th DSRI Herbstakademie, on September 14th, Tabea Bauermeister delivered a presentation on the significance of Sec. 327p Para. 1 Sentence 2 of the German Civil Code (BGB) for digital remote access. The corresponding paper was published in Bernzen/Fritzsche/Heinze/Thomsen, Das IT-Recht vor der (europäischen) Zeitenwende, 2023, 757-772.
Further information about the conference: https://dsri.de/herbstakademie/