Research Jan Blockx

Abstract

European competition law relies on a human worldview which is challenged by the fact that commercial transactions are increasingly driven by intelligent machines. This project starts from the assumption that the current antitrust rules are broken and dreams up three possible alternatives: (i) adapting the antitrust rules to automation through specific adjustments; (ii) prohibiting automation in certain circumstances; and (iii) adapting antitrust procedure by facilitating fast but temporary (experimental) interventions. These alternatives will be investigated through (i) a review of legal and other literature; (ii) thought experiments and case studies; and (iii) an intradisciplinary comparison with the approach to regulate automation in other legal fields.

Researcher(s)

• Promoter: Blockx Jan
• Fellow: González Benjamin

Research team(s)

• Business and Law

Project type(s)

• Research Project

Abstract

The United Kingdom and European Union are creating new regulations for AI transparency; drafting and implementing laws that will require bodies to communicate when they are using AI, and how they are using it. However, the exact meaning of 'AI transparency' is contestable, so implementing these rules requires interpretation. Our aim is to examine how data scientists are interpreting and implementing transparency rules in practice, and how they plan to in the future. We will create two legal and responsible innovation toolkits to help Small and Medium Sized Enterprises (SMEs) comply with AI transparency requirements.

Researcher(s)

• Promoter: Blockx Jan

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 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

Artificial intelligence is playing an increasingly prominent role in determining search results and rankings in the digital marketplace. This project considers three oversight models proposed to create greater transparency of the use of AI language models for online marketplaces. These include (i) a top-down model with government access to search algorithms, (ii) a bottom-up model with selfregulation by companies through guidelines or ethical principles, and (iii) an (intermediate) auditing model with government testing of algorithm outputs using counterfactuals. The expected result is a policy recommendation at an EU level on a form of oversight that may help protect consumer rights. This is an ambitious undertaking, given the current lack of regulation in the space, and the various proposals still being debated at the EU level, including the Artificial Intelligence Act and The Data Act. The policy recommendation may therefore enhance ongoing legislative proposals, allowing for the creation of an overarching oversight mechanism. This project will directly contribute to the safe "uptake of AI in the EU" which is an ongoing economic policy objective of the EC.

Researcher(s)

• Promoter: Blockx Jan
• Fellow: Krook Joshua

Research team(s)

• Business and Law

Project type(s)

• Research Project