Research Gert Straetmans

Abstract

Online platforms have enhanced the efficiency of contract chains by reducing transaction costs and lowering entry barriers. In this way, the platform economy could have positive welfare effects for all contract chain actors. The platform's strength lies in its triple role as (i) gatekeeper to the platform, (ii) legislator of the relationships within the ecosystem and (iii) contractual actor with rights and responsibilities within the ecosystem. However, there is also evidence of possible negative welfare effects amongst retailers, service providers (especially gig workers) and customers. These problems mainly seem to be caused by the fact that the platforms' strengths result in an excess power within the ecosystem. This research aims to come to a power balancing mechanism that allows for the management of excess powers, without eliminating platform strengths and the platforms' potential welfare benefits. Current solutions ignore the shift from bilateral contracts to multistakeholderecosystem contracts, and from absolute market power to relative ecosystem-power. Literature and recently developed legal instruments especially ignore the ecosystem legislator role of platforms and how it interacts with the other roles. This project instead integrates the three aspects of platform power in one ecosystem-based legal model and aims to tackle excess power through a highly innovative holistic approach combining contract law and competition law solutions.

Researcher(s)

• Promoter: Verheyen Wouter
• Co-promoter: Blockx Jan
• Co-promoter: Straetmans Gert

Research team(s)

• Business and Law

Project type(s)

• Research Project

Abstract

Online platforms have enhanced the efficiency of contract chains by reducing transaction costs and lowering entry barriers. In this way, the platform economy could have positive welfare effects for all contract chain actors. The platform's strength lies in its triple role as (i) gatekeeper to the platform, (ii) legislator of the relationships within the ecosystem and (iii) contractual actor with rights and responsibilities within the ecosystem. However, there is also evidence of possible negative welfare effects amongst retailers, service providers (especially gig workers) and customers. These problems mainly seem to be caused by the fact that the platforms' strengths result in excess power within the ecosystem. This research aims to come to a power balancing mechanism that allows for the management of excess powers, without eliminating platform strengths and the platforms' potential welfare benefits. Current solutions ignore the shift from bilateral contracts to multi-stakeholder ecosystem contracts, and from absolute market power to relative ecosystem-power. Literature and recently developed legal instruments especially ignore the ecosystem legislator role of platforms and how it interacts with the other roles. This project instead integrates the three aspects of platform power in one ecosystem-based legal model and aims to tackle excess power through a holistic approach combining contract law and competition law solutions.

Researcher(s)

• Promoter: Straetmans Gert
• Co-promoter: Blockx Jan
• Fellow: Li Yibo

Research team(s)

• Business and Law

Project type(s)

• Research Project

Abstract

A number of specific large conglomerates hold competitively dominant positions based on user data and increasingly exploit them to expand their business areas. In this context, voices have been raised to call for active regulation by competition authorities against the attempts to secure monopoly status by exploiting data. With respect to business combination deliberation, since the 2007 Google/DoubleClick business combination incident, competition authorities across the world including the EU have discussed various competition law issues on business combination deliberation involving IT companies and big data. To date Korea, however, has had no deliberation case on business combination of IT company involving big data, requiring relevant deliberation criteria for business combination. The study aims to examine the existing cases in the EU, at European level and in some of its member states including Belgium.

Researcher(s)

• Promoter: Straetmans Gert

Research team(s)

• Business and Law

Project website

Project type(s)

• Research Project

Abstract

This research aims to identify the influence of copyright on digital teaching techniques. What are the limits copyright imposes on the various techniques of digital teaching? Through the research it has to become clear which actions need the permission of authors. To achieve these objectives, first an inventory must be made of the current and foreseeable digital teaching techniques. Through a survey, the staff of the University of Antwerp will be questioned about what digital teaching techniques they apply. It will also be examined to what extent this staff is aware of copyright issues. After this inventory, the rules of copyright will be applied on the inventoried teaching techniques. Through this application, it will become clear what actions will or will not require the permission of authors. Much attention will naturally be given to the copyright rules specifically provided for teaching and scientific research. Copyright provides exceptions to the rights of an author in order not to impede research and teaching. Regarding these copyright rules, both the current and future legislation will be analysed. The research will finally lead to a practical guide that can be used by the university staff. Through this guide it will be clear what actions need the permission of authors.

Researcher(s)

• Promoter: Vanhees Hendrik
• Co-promoter: Straetmans Gert

Research team(s)

• Business and Law

Project type(s)

• Research Project

Abstract

This research aims to investigate how the EU governs systemic risks in network services and in particular what role EU agencies can play in their mitigation. The main research question is whether the control over systemic risks requires the EU to take responsibility, through specialised actors and on the grounds of the principle of subsidiarity.

Researcher(s)

• Promoter: Herwig Alexia
• Promoter: Popelier Patricia
• Co-promoter: Popelier Patricia
• Co-promoter: Straetmans Gert
• Fellow: Simoncini Marta

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

This project proposal aims to analyse how the EU multilevel system carries out the protection against catastrophic risks by implementing national and supranational regulations, especially by making use of the principles of proportionality and subsidiarity to ensure an effective cooperation amongst Member States even where competences are not yet shared, but the transboundary nature of the risk requires concerted action.

Researcher(s)

• Promoter: Herwig Alexia
• Co-promoter: Straetmans Gert
• Fellow: Simoncini Marta

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

This project represents a research contract awarded by the University of Antwerp. The supervisor provides the Antwerp University research mentioned in the title of the project under the conditions stipulated by the university.

Researcher(s)

• Promoter: Straetmans Gert

Research team(s)

• Business and Law

Project type(s)

• Research Project

Abstract

This research project examines whether the overall preference for design law protection is still in place and whether a copyright protection as a cost-effective replacement in knowledge-intensive economies is preferable.

Researcher(s)

• Promoter: Vanhees Hendrik
• Co-promoter: Straetmans Gert

Research team(s)

• Business and Law

Project type(s)

• Research Project

Abstract

This project represents a research contract awarded by the University of Antwerp. The supervisor provides the Antwerp University research mentioned in the title of the project under the conditions stipulated by the university. The project aims to set up a model for well-balanced development of the law library as a laboratory for research and education in all domains of the law.

Researcher(s)

• Promoter: Straetmans Gert

Research team(s)

• Business and Law

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: Meeusen Johan
• Co-promoter: Pertegas Marta
• Co-promoter: Straetmans Gert
• Co-promoter: Swennen Frederik

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The present research seeks to clarify how sub-national entities and especially Flanders participate in the European policy- and decision-making process and more specifically how participation can be optimalized in the near future. It focuses on one of the most important challenges, which the European Union faces on the eve of the accession of Central- and Eastern-European states, namely to bring the European institutions closer to its citizens. The project particularly focuses on how sub-national responsibilities at EU-level may bridge the gap between EU institutions and EU-citizens.

Researcher(s)

• Promoter: Straetmans Gert
• Co-promoter: Meeusen Johan

Research team(s)

• Business and Law

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: Meeusen Johan
• Co-promoter: Pertegas Marta
• Co-promoter: Straetmans Gert

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

One of the great challenges facing competition law around the world concerns the scope of co-operation in antitrust enforcement and convergence in antitrust views when reviewing international transactions. Differences in antitrust policies become more and more apparent as a result of the global economy. The present research proposal consists of a comparative analysis of the position of consu-mers in European and U. S .antitrust policy, since the treatment of consumer interests is strikingly different in both policies .

Researcher(s)

• Promoter: Straetmans Gert

Research team(s)

• Business and Law

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: Straetmans Gert

Research team(s)

Project type(s)

• Research Project

Abstract

Increasingly, countries are eliminating their trade barriers and international trade truly spans the globe. The proposed research focuses on the `globalisation of the economy' and deals more precisely with the impact of the ever-changing economic environment on trade regulation and policy. The first general part of the research is devoted to an in-depth analysis of the legal organisation of the international economy, in which attention will be paid to international contract law and unification of European private law. This general analysis serves as a starting point for two precise analyses that complement the general part of the research. The first of the complementary analyses deals with competition law, extensively interpreted, including legislation concerning trade practices. Recent developments in this field of the law serve as an excellent illustration of the impact of globalisation on international contract law and of the possibilities and limits of the unification of European private law. Special attention will be paid to the precise role and position of the consumer in European and international competition law. The second analysis focuses more precisely on electronic commerce. This analysis should be seen as the coping-stone in which the results of the preceding analyses will be tested. Indeed the globalisation of the economy necessitates a reform of existing legislation in this domain. Adequate regulation or in other words liberalisation of electronic commerce is inextricably linked with the legitimate, but often conflicting interests of companies and consumers.

Researcher(s)

• Promoter: Straetmans Gert
• Fellow: Straetmans Gert

Research team(s)

• Business and Law

Project type(s)

• Research Project