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Competition Law Implications of Blockchain Technology

Team Lawyered
Team Lawyered
  • Nov 2, 2018
  • 15 min to read
Competition Law Implications of Blockchain Technology Lawyered

Blockchain has been named the absolute most critical advancement since the coming of the web and many anticipate that this data innovation can change the manner in which business is done all over the world.

 Blockchain also known as distributed ledger technology is a decentralized database that stores registry of assets and transactions across the network, it is basically a public registry of who owns what and transacts what, the history of all transaction are shared in blocks of data. Blockchain is neither a company nor an app. Blockchain was invented in the year of 2008. Blockchain basically combats the problem of uncertainty i.e. not knowing who you are dealing with which in turn would create a user control portable identity , transparency into the transaction, reneging on deals

What blockchain is actually going to do is to change the way we trust in business, trust is the fundamental currency of commerce if I have to transact with you I need to have trust on you for e.g. if I want to buy a house what would I do at the very beginning I would look into the past records of the house for which takes in a lot of time and has a risk of being tampered.So in case of Blockchain we don't need to have to know each other or trust each other  because each of them would have the ability to monitor and validate the chain for themselves.

Every record which is written in a blockchain ledger has a unique key that goes with it, every record is written and stamped by the trusted parties that wrote that record and when the next record is written everything from the first record including the key and the contents of the second record is put in to together and outcomes a new key for the second record and so on for the third record fourth and so on this creates a dependency on one record to another  and thus forming a chain and thus removal of any of the record would come into notice and thus the risk of records being tampered can be mitigated.

Application of Competition law in Blockchain

 This model challenges the need for trust between parties by instead placing trust in the underlying technological platform. This would effectively remove the need for intermediaries whose business has been to make up for the lack of trust; these include banks, brokers, governments, internet platforms etc.

Blockchain’s core functionality requires wide distribution of information among blockchain members concerning their transactions (e.g. payments or goods delivery).

Data or information exchange on blockchain can produce efficiencies by enhancing contractibility. Coordinate contenders utilizing shared blockchains or teaming up in blockchain are probably going to be vulnerable to antitrust examination. One of the center determinants of lawfulness to considered is the nature and tricky capability of data obvious on the record or the ledger. It is prudent that entrance to intensely delicate data is confined or that such data is put away in off-blockchain areas.

If information scattering on blockchain enables watching and repelling deviations from dubious understandings, it might be managed as an element of a cartel and subsequently restrictive of contention by dissent. A further developed kind of contriving can be systematizing threatening to forceful terms and conditions into a self-executing sharp contract running over blockchain remembering the true objective to subsequently repel deviators. In any case, possible auditability of blockchains can render cartel people hesitant to rely upon adroit contracts that leave insights of unlawful lead.

It merits featuring that blockchain members are not by any means the only performers whose lead may breach competition law. It can't be decided out that blockchain diggers or even whole blockchains would discover motivating forces to connive as innovation creates and turns out to be more unmistakable. Mishandle of strength, especially by financial on-screen characters taking an interest in private blockchains, constitutes another arrangement of possibly intense rivalry worries to be cognizant to.

Blockchains are probably going to be productivity improving and professional focused. Decentralization and straightforwardness will advance better working markets. The way to understanding blockchain from an opposition law perspective is that all data on the blockchain is available to everyone inside the shared system paying little respect to whether it is open for all or authorization based. Blockchains can store a scope of records including installment exchanges, deals records, buy history, corporate records, valuing history and future changes to estimating. It can likewise record non-transactional data such as title records, trademark and patent information, minutes of meetings, calendar entries and travel logs to give some examples.

To be truly efficient and reach its full commercial potential blockchains will often be set up in peer-to-peer networks including actual or potential competitors. This unfettered access to potentially commercially sensitive information by competing companies puts blockchain firmly into the crosshairs of competition law enforcement.

Competition law tries to deny limitations of rivalry between contenders, regardless of whether this comes because of some type of agreement or comprehension between contenders (gotten by e.g. Article 101 of the EU Treaty and national reciprocals) or through one-sided direct by an overwhelming business sector players (gotten by e.g. Article 101 of the EU Treaty and national counterparts). Evaluation of blockchain will probably generally fall under the principal classification. The fundamental classifications of issues looked by the contenders are as per the following: (I) enrollment as a member rules; (ii) information exchange; (iii) institutionalization and (iv) rules appropriate to JVs, including merger control.

The beginning stage for competition law examination is that each organization must decide autonomously the strategy which it means to embrace available and the conditions it expects to offer to its clients. Fairly misrepresented, competition law blocks any immediate contact between contenders that makes states of rivalry which don't compare to the typical focused states of the market being referred to except if there are legitimate purposes behind such contacts and that the final product is genius aggressive.

Conclusion

Setting up a blockchain is likely to involve direct or indirect cooperation between competitors in varying degrees. Lawrence Lessig in his book "Code and Other Laws of Cyberspace" stated that  computer code regulates conduct in much the same way that legal code thus is quiet true in case of smart contracts such as blockchain. While establishing to run a permission based blockchain the parties must put in efforts and time to analyze that there are competition law concerns and how it is to be dealt with thus ensuring best practice and avoiding infringement  of Competition rules.

An open record that holds data about costs and amounts, expenses and request will on its substance be viewed as conveying straightforwardness to a market and in this manner as a promoter of more rivalry while it might in the meantime give contenders access to inaccessible information that may empower purposeful works on breaking the opposition rules.

Regular sanity checks on the operation of the blockchain and the agreements governing whether in the standard it is based on, cooperation agreements, consensus mechanism protocols or code of its smart contracts.

 Author: Mrinalini Talukdar and associate Maitry Ray

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Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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