Questions that Have Arisen since the EU Decision on the Whatsapp Acquisition by Facebook

On October 3rd, 2014, the European Commission (EC) concluded the analysis of the transaction by which Facebook, Inc. (“Facebook”, USA) had acquired WhatsApp Inc. (“WhatsApp”, USA) by way of a purchase of shares for US$ 19 billion, which contributed to Facebook’s strategy of focusing its business on mobile development (Case no. COMP/M.7217). In its decision, the EC stated that the deal would raise no competition concerns and authorised the proposed acquisition of WhatsApp by Facebook concluding that Facebook Messenger and WhatsApp are not close competitors and that consumers would continue to have a wide choice of alternatives for consumer communication apps after the acquisition. The EC analysed potential data concentration issues only within the scope that the acquisition could weigh down competition in the online advertising market. Privacy-related concerns from the increased concentration of data within the control of Facebook because of the deal with WhatsApp are not an EU Competition Law matter. Notwithstanding, just some months after the decision two national competition authorities (Germany and Italy) opened procedures against Facebook. In Germany, the Bundeskartellamt initiated in March 2016 a proceeding against Facebook – Facebook Inc., USA, the Irish subsidiary of the company, and Facebook Germany GmbH, Hamburg – on suspicion that  Facebook had abused its market power by infringing data protection rules with its specific terms of service on the use of user data. In Italy, in May 2017, the Autorità Garante della Concorrenza e del Mercato (AGCM) fined WhatsApp EUR 3 million for having forced its users to share their personal data with Facebook as a conclusion of two investigations opened in October 2016 concerning infringements of the Consumer Code. The present article proposes to answer three main questions concerning the EC decision on the WhatsApp acquisition by Facebook: (i) Did the EC apply the best tools to analyse the case?; (ii) Could the EC have addressed a decision that would somehow interfere in the privacy field?; and (iii) Could the procedures in Germany and Italy have been avoided

Economic Power and Imperialism: the Relation Between Public and Private. (The History of Capitalism)

O presente artigo procura analisar brevemente o fenômeno do Poder Econômico e, para tanto, aborda, ainda que de forma sucinta, sua manifestação no decorrer da história, sobretudo da história do capitalismo, para então relacioná-lo com o Poder Estatal e o Poder Privado.The present article tries to analyze the phenomenon of the Economical Power and, for this, it approaches, although in a brief way, its manifestation in elapsing of the history, above all of the history of the capitalism, for then to relate it with the State Power and the Private Power

Os Entraves entre Direitos de Exclusividade e o Acesso a Dados na Regulação dos Mercados Digitais

In a deductive analysis and from the perspective of market rules and the principles and foundations of the economic order, this article is premised on the relevance of data access in competition between digital platforms. The study considers the changes arising from the strengthening of digital markets, as well as the possibility of State action through open data policies and the possible obstacles to be faced in the regulation of digital markets, with regard to the rights to access and portability of data. Drawing a parallel between European legislation, the Digital Market Act, and Bill n. 2768/2022 there is a possible incidence of exclusivity rights on databases, arising from the protection conferred by copyright, by the sui generis right established in Directive 96/9 of the European Community and by trade secrets to gatekeepers or access controllers essential. Results point to the possibility of challenging these exclusivity rights and technical incompatibilities to meet the right of access and data portability, therefore, it is concluded that there is a need to delimit the regulation of digital markets, observing the foundations and principles of order economic policy, repressing abusive conduct, in order to provide legal certainty and minimal predictability to economic agents operating in this market.Em uma análise dedutiva e sob a ótica das regras de mercado e dos princípios e fundamentos da ordem econômica, o presente artigo tem como premissa a relevância do acesso a dados na concorrência entre plataformas digitais. O estudo considera as alterações decorrentes do fortalecimento dos mercados digitais, bem como a possibilidade de atuação do Estado por meio de políticas de dados abertos e os possíveis entraves a serem enfrentados na regulação dos mercados digitais, no que se refere aos direitos de acesso e portabilidade de dados. Fazendo um paralelo entre a legislação europeia, Digital Market Act, e o Projeto de Lei n. 2.768/2022 observa-se a possível incidência de direitos de exclusividade sobre bases de dados, provenientes da proteção conferida pelo direito autoral, pelo direio sui generis estabelecido na Diretiva 96/9 da Comunidade Europeia e pelos segredos de negócios aos gatekepers ou controladores de acesso essencial. Resultados apontam para a possibilidade de arguição destes direitos de exclusividade e de incompatibilidades técnicas para atendimento ao direito de acesso e portabilidade de dados, logo, conclui-se pela necessidade de delimitação da regulação dos mercado digitais, observândo-se os fundamentos e princípios da ordem econômica, reprimindo-se as condutas abusivas, de modo a proporcionar segurança jurídica e previsibilidade mínima aos agentes ecnômicos que atuam neste mercado

Anteroposterior displacement behavior of the center of pressure, without visual reference, in postmenopausal women with and without lumbar osteoporosis

OBJECTIVE: The aims of this study were to evaluate the anteroposterior displacement behavior of the center of pressure without any visual reference and determine its relationship with knee muscle strength and reports of falls in postmenopausal women. Among those with osteoporosis, the specific objective was to evaluate the correlation of thoracic kyphosis and vitamin D with center of pressure displacement. METHODS: This was a cross-sectional observational study without intervention. The assessments were performed on 126 postmenopausal women (aged 55-65 years) who were grouped according to their lumbar bone density into osteoporosis and control groups. Center of pressure was evaluated on a force platform (100 Hz frequency and 10 Hz filter), with the subjects standing on both feet with eyes closed for 60 seconds. Knee muscle strength was evaluated using an isokinetic dynamometer in concentric/concentric mode at a velocity of 60°/s. In the osteoporosis group, vitamin D was assayed, and the thoracic spine was radiographed. RESULTS: In the control group, there was a correlation between the center of pressure and knee strength (r = 0.37;

Cognitive-behavioral group therapy for women with hypoactive sexual desire: A pilot randomized study

Background: Hypoactive Sexual Desire Disorder (HSDD) is a very prevalent sexual problem, with limited options for treatment. Given that psychological factors are major contributors to the disorder, a therapy such as Cognitive-Behavioral Therapy (CBT) may be useful to treat HSDD. Objective: To evaluate the effects of group CBT on women with HSDD. Method: Clinical trial randomized study with 106 women diagnosed with HSDD, who were divided as follows: Group 1 (n = 53) underwent group CBT for 8-weeks, and Group 2 (n = 53), were put on a waiting list and used as a control group. Sexual function was assessed by the Female Sexual Quotient (FSQQ) at the initial interview and after 6-months. Mann Whitney test was used for group comparison. Main Outcome Measures: demographics, education, sexual history, FSQQ and its domains for sexual function assessment. Results: Both groups had similar characteristics regarding sexual response, self-image, and relationship with a partner at the initial interview. Women undergoing therapy showed significant improvement in sexual function when compared with the control group. The overall FSQQ result showed an average growth of 18.08 points (95% CI 12.87‒23.28) for the therapy group against a decrease of 0.83 points (95% CI 3.43‒1.77) for controls (p < 0.001). The five domains of the questionnaire also exhibited significant improvement in the therapy group: desire and interest (p = 0.003), foreplay (p = 0.003), excitation and tuning (p < 0.001), comfort (p < 0.001), and orgasm and satisfaction (p < 0.001). Conclusion: Group CBT was shown to be an effective tool for treating HSDD