Suchergebnisse für general terms and conditions

Big Data and the Law: a holistic analysis based on a three-step approach – Mapping property-like rights, their exceptions and licensing practices

Given Big Data’s increasing importance, it seems important to develop a clear and coherent body of law and to organize the different relationships among all stakeholders and legal regimes that grant different property-like rights. There are already numerous studies on the interactions between Big Data and intellectual property and/or privacy, but less that map all legal regimes, including the…

Trois modèles de contrôle des investissements transfrontaliers

The screening of foreign investment has become a growing concern for many countries. In the midst of a trade war between the US and China as well as issues related to state-owned companies’ interference in the EU, it is bound to become a subject of heated debates in Switzerland. As we continue to live through a global pandemic, some countries are seeing themselves lacking or at least vulnerable…

Banking and finance disputes: to arbitrate or not to arbitrate, that is the question

“It has been said that “[b]ankers have traditionally preferred judges to arbitrators”. Indeed, where banks or financial institutions are involved in a dispute, state courts have usually been preferred, while arbitration has, so far, often been overlooked. However, in the last decade, the financial landscape has endured colossal changes worldwide. The 2008 crisis led to a paradigm shift. Banks –…

Editorial

Banking and financial markets and services are the common topic of all but one of the papers published in this Spring issue of the Swiss Review of Business and Financial Market Law. Once again, we…

Schutzzweck der Inhaltskontrolle von allgemeinen Geschäftsbedingungen

This article examines the reason for and justification of controlling the content of general terms and conditions by the legislator and the courts. Based on various individual and institutional protection concepts, it analyzes what the purpose of such content control can and actually should be. This contribution uses a legal theo­ry and law and economics research approach. The results of the…

Bestimmung von Vertragskonditionen im Rahmen automatisierter Entscheidungen

Automated decision making has become increasingly popular in the context of contracting. Essential contractual conditions, in particular the price, are automatically determined based on a number of factors, a wealth of data and by the use of algorithms. Automated decision making for contractual terms raises a number of legal issues and questions, in particularly related to data protection, fair…

Recent developments in Swiss competition law

Obviously, steps taken by certain companies in the media sector trigger reactions from competitors in this dynamic environment which is constantly changing as a result of the digital revolution. Interestingly, Comco faced at the same time two transactions (AZ Medien/NZZ and Tamedia/Basler Zeitung) which had to be assessed in light of each other from the perspective of collective dominance:⁹⁰

L’émission d’actions digitalisées comme moyen de financement de l’innovation et des PME

Switzerland is a world-leading nation in terms of entrepreneurship and promotion of innovation. Its universities produce a high number of start-ups. Its economy is based on a web of small and medium-sized companies, which make for the bulk of the country’s economic activity. Paradoxically though, the Swiss capital markets are relatively inefficient in channeling savings to companies. Only a…

In the Business of Influence: Contractual Practices and Social Media Content Monetisation

In 2018, 300 hours of content were uploaded on Youtube every minute. Most of it is generated by regular people who share content for a living, and those who amass enough followers are known as influencers. Traditionally, media laws have controlled aired content. Nowadays, broadcasting decentralisation and social media trends such as influencer marketing challenge the rationale and application of…

Seuils d’intervention ou examen ex post pour le contrôle des concentrations dans les marchés digitalisés?

Digital markets are open in principle. But network effects may rapidly favour the first successful entrant and establish high entry barriers for followers. In addition, the exchanges are often valued in data access rather than in traditional money terms. These characteristics challenge our merger control regimes. Mandatory notification systems are particularly vulnerable since merger projects in…