| VAN UYTSEL Steven Jos（う゛あん あーつる すてーう゛えん じよす） | データ更新日：2023.11.22 |
教授 ／
法学研究院
国際関係法学部門
| 1. | Steven Van Uytsel Yoshiteru Uemura Salil Mehra, Algorithms, Collusion and Competition Law , 2023.04. |
| 2. | Steven Van Uytsel, Mark Fenwick, Bi Ying, Regulating Fintech in Asia: Global Context, Local Perspectives, Springer, 10.1007/978-981-15-5819-1, 2020.10. |
| 3. | Steven Van Uytsel and Danilo V. Vargas, Autonomous Vehicles: Business, Technology and Law, Springer, 10.1007/978-981-15-9255-3, 2021.01. |
| 4. | Steven Van Uytsel, The Digital Economy and Competition Law in Asia, Springer, 10.1007/978-981-16-0324-2, 2021.06. |
| 5. | Steven Van Uytsel, The proliferation of competition law in Asia From forced adoption to an integration project, Edward Elgar Publishing Ltd., 25, 2020.05. |
| 6. | Steven Van Uytsel, Shuya Hayashi, John Haley, Research Handbook on Asian Competition Law, Edward Elgar Publishing Ltd., 2020.04, This timely Research Handbook provides a comprehensive overview and discussion of the substantive competition law provisions of the ASEAN Plus Three region, including Hong Kong and Taiwan. Taking a unique comparative perspective, chapters examine Asian competition laws in relation to the existing laws that served as models for them, analysing how and why they deviate. |
| 7. | Steven Van Uytsel, Shuya Hayashi, John Haley, Introduction to the Research Handbook on Asian Competition Law, 2020. |
| 8. | Steven Van Uytsel, Somsack Hongvichit, Competition law in Laos Evaluating its potential for effective enforcement, 281, 2020. |
| 9. | Steven Van Uytsel, Adopting competition law in Asia An increasingly complex reality, Edward Elgar Publishing Ltd., 2, 2020. |
| 10. | Steven Van Uytsel, A legal transplant made unnecessarily complex The Myanmar Competition Law, Edward Elgar Publishing Ltd., 303, 2020.02. |
| 11. | Steven Van Uytsel, Artificial intelligence and collusion A literature overview, Springer, 10.1007/978-981-13-2874-9_7, 155-182, 2018.01, [URL], The use of algorithms in pricing strategies has received special attention among competition law scholars. There is an increasing number of scholars who argue that the pricing algorithms, facilitated by increased access to Big Data, could move in the direction of collusive price setting. Though this claim is being made, there are various responses. On the one hand, scholars point out that current artificial intelligence is not yet well-developed to trigger that result. On the other hand, scholars argue that algorithms may have other pricing results rather than collusion. Despite the uncertainty that collusive price could be the result of the use of pricing algorithms, a plethora of scholars are developing views on how to deal with collusive price setting caused by algorithms. The most obvious choice is to work with the legal instruments currently available. Beyond this choice, scholars also suggest constructing a new rule of reason. This rule would allow us to judge whether an algorithm could be used or not. Other scholars focus on developing a test environment. Still other scholars seek solutions outside competition law and elaborate on how privacy regulation or transparency reducing regulation could counteract a collusive outcome. Besides looking at law, there are also scholars arguing that technology will allow us to respond to the excesses of pricing algorithms. It is the purpose of this chapter to give a detailed overview of this debate on algorithms, price setting and competition law.. |
| 12. | Steven Van Uytsel, Legislating autonomous vehicles against the backdrop of adversarial machine learning findings, Institute of Electrical and Electronics Engineers Inc., 10.1109/ICCVE45908.2019.8965002, 2019.11, [URL], Recent studies on adversarial machine learning1 made Michael Grossman, a Texas-based injury lawyer, skeptical of the viability of autonomous vehicles.2 These studies had pointed out that adversarial attacks or perturbations on pictures makes it difficult for the algorithm to correctly classify the content of that picture. If this is applied to traffic sign recognition, simple graffiti on the sign could mislead the algorithm that is analyzing the picture of the traffic sign captured by the camera. 3 Rather than recognizing the traffic sign for what it is, the algorithm could attribute a different meaning to the traffic sign. The consequences could be disastrous, especially if, for example, a stop sign would be read as a speeding sign.4 When rational car manufacturers know this defect, they will not proceed with the marketing of autonomous vehicles.. |
| 13. | Steven Van Uytsel, The proliferation of competition law in Asia From forced adoption to an integration project, Edward Elgar Publishing Ltd., 25, 2020. |
| 14. | Steven Van Uytsel, Shuya Hayashi, John Haley, Research Handbook on Asian Competition Law, Edward Elgar Publishing Ltd., 2020, This timely Research Handbook provides a comprehensive overview and discussion of the substantive competition law provisions of the ASEAN Plus Three region, including Hong Kong and Taiwan. Taking a unique comparative perspective, chapters examine Asian competition laws in relation to the existing laws that served as models for them, analysing how and why they deviate. |
| 15. | Steven Van Uytsel, Shuya Hayashi, John Haley, Introduction to the Research Handbook on Asian Competition Law, 2020. |
| 16. | Steven Van Uytsel, Somsack Hongvichit, Competition law in Laos Evaluating its potential for effective enforcement, 281, 2020. |
| 17. | Steven Van Uytsel, Adopting competition law in Asia An increasingly complex reality, Edward Elgar Publishing Ltd., 2, 2020. |
| 18. | Steven Van Uytsel, A legal transplant made unnecessarily complex The Myanmar Competition Law, Edward Elgar Publishing Ltd., 303, 2020. |
| 19. | Steven Van Uytsel, Danilo Vasconcellos Vargas, Adversarial Machine Learning A Blow to the Transportation Sharing Economy, Springer, 10.1007/978-981-15-1350-3_11, 179-208, 2020.01, [URL], Adversarial machine learning has indicated that perturbations to a picture may disable a deep neural network from correctly qualifying the content of a picture. The progressing research has even revealed that the perturbations do not necessarily have to be large in size. This research has been transplanted to traffic signs. The test results were disastrous. For example, a perturbated stop sign was recognized as a speeding sign. Because visualization technology is not able to overcome this problem yet, the question arises who should be liable for accidents caused by this technology. Manufacturers are being pointed at and for that reason it has been claimed that the commercialization of autonomous vehicles may stall. Without autonomous vehicles, the sharing economy may not fully develop either. This chapter shows that there are alternatives for the unpredictable financial burden on the car manufacturers for accidents with autonomous cars. This chapter refers to operator liability, but argues that for reasons of fairness, this is not a viable choice. A more viable choice is a no-fault liability on the manufacturer, as this kind of scheme forces the car manufacturer to be careful but keeps the financial risk predicable. Another option is to be found outside law. Engineers could build infrastructure enabling automation. Such infrastructure may overcome the problems of the visualization technology, but could potentially create a complex web of product and service providers. Legislators should prevent that the victims of an accident, if it were still to occur, would face years in court with the various actors of this complex web in order to receive compensation.. |
| 20. | Steven J. Van Uytsel, Inventory Making and Fairy Tales Safeguarding of Intangible Cultural Heritage in an Historical Perspective, Intersentia, 2009.01. |
| 21. | Steven J. Van Uytsel, Intangible Cultural Heritage Identified Inventories as a Part of the Safeguarding Process, Intersentia, 2009. |
| 22. | Steven J. Van Uytsel, Toshiyuki Kono, Intangible Cultural Heritage and the Convention on the Diversity of Cultural Expressions, Intersentia, 2012. |
| 23. | Steven J. Van Uytsel, China's antimonopoly law and recurrence to standards, Taylor and Francis, 10.4324/9780203151129, 241-275, 2012, [URL]. |
| 24. | Steven J. Van Uytsel, Collective actions in a competition law context –reconciling multilayer interests to enhance access to justice?, Cambridge University Press, 10.1017/CBO9781139109383.005, 57-92, 2012.01, [URL], Introduction. Collective actions contribute to access to justice. This has been explained by referring to their capacity to ‘“provide a real remedy” to those in the community who individually have uneconomically viable claims, but where overall, the total amount at issue was significant’. When individuals who share an interest are unified, collective actions will make it easier for them to recover the losses from damage sustained. Bringing together these individuals allows for sharing ‘the huge burden of complicated law suits’, for which various costs may have to be made. These costs will be disproportionate to the damages received by any individual alone, but not to the damages received by the pool of individuals. A similar reasoning has been introduced in the White Paper on Damages Actions for Breach of the EC Antitrust Rules (White Paper), a document in which the European Commission has taken the initiative to introduce several forms of collective action, more specifically on representative actions and opt-in collective actions. Besides aiming at strengthening the enforcement of European competition law, the Commission stated that collective actions would make ‘it easier for consumers and firms that have suffered damage from an infringement of competition law to recover their losses from the infringer.’. |
| 25. | Stefan Wrbka, Steven J. Van Uytsel, Mathias Siems, Collective actions Enhancing access to justice and reconciling multilayer interests?, Cambridge University Press, 10.1017/CBO9781139109383, 2012.01, [URL], This volume of essays draws together research on different types of collective actions: group actions, representative actions, test case procedures, derivative actions and class actions. The main focus is on how these actions can enhance access to justice and on how to balance the interests of private actors in protecting their rights with the interests of society as a whole. Rather than focusing on collective actions only as a procedural device per se, the contributors to this book also examine how these mechanisms relate to their broader social context. Bringing together a broad range of scholarship from the areas of competition, consumer, environmental, company and securities law, the book includes contributions from Asian, European and North American scholars and therefore expands the scope of the traditional European and/or American debate.. |
| 26. | Stefan Wrbka, Steven J. Van Uytsel, Mathias M. Siems, Access to justice and collective actions ‘Florence’ and beyond, Cambridge University Press, 10.1017/CBO9781139109383.002, 1-20, 2012.01, [URL], Cases involving a large number of potential claimants have long presented difficulties to legal systems designed to accommodate disputes primarily among a small number of parties. Deterred by factors such as the costs of potential court proceedings and the imbalance of power between parties, private actors often abstain from pursuing their rights. Potential defendants who have caused significant but dispersed harm may thus escape from sanctions or liability. As a result, multiple layers of interests, or ‘multilayer interests’, ranging from the interests of private actors in protecting their rights on the one hand to the interests of society as a whole in deterring socially detrimental behaviour on the other, may be left unsatisfied. To remedy this problem, various forms of collective actions have been developed. They range from group actions, in which individual actions are assembled into one procedure; to representative actions, in which an association sues on behalf of a multitude of claimants; to test case procedures, in which claimants sue in order to set a precedent for others. These various forms of collective actions aim to facilitate ‘access to justice’ for private actors, that is, the ability to enforce and protect one's rights through a legal process. In addition to bundling a larger number of fragmented individual interests, they are seen as a mechanism to safeguard the common interests of specific groups of claimants and of society as a whole. Moreover, collective actions are not just a procedural tool but raise a number of political, social and economic issues, for instance, balancing of interests between weaker private actors and bigger players, coordination of collective actions with enforcement efforts by public agencies, cost issues and a possible subordination of the individual for the sake of larger or collective interests.. |
| 27. | Steven J. Van Uytsel, The international competition network, its leniency best practice and legitimacy An argument for introducing a review system, Springer Berlin Heidelberg, 10.1007/978-3-642-41212-7_10, 185-227, 2014.01, [URL], In his contribution The International Competition Network, its Leniency Best Practice and Legitimacy: An Argument for Introducing a Review System, Steven Van Uytsel argues that the International Competition Network, as an example of a transnational regulatory network, should set up a review system of its best practices. Best practices of transnational regulatory networks, are seen as a legitimate tool for influencing the regulatory behavior of their members. These best practices are, at the end, developed by experts in the field based upon the experiences of these experts with their respective legislation or practices. Nevertheless, this chapter shows that this may be problematic if the legislation or the practice with which these experts work exhibits flaws. This is an argument that can be made in the framework of the leniency program and its best practice under the Competition Network. Van Uytsel shows that the best practice finds its origin in the leniency program of two major jurisdictions, the United States and the European Union. The leniency programs of these two jurisdictions have recently been negatively scrutinized by several scholars. Therefore, the question arises on whether best practice is really reflecting a legitimate end-result for convergence. Suggesting that it is not, Van Uytsel argues that a review process could overcome the potential threat to legitimacy in this kind of transnational regulatory network and he also offers some ideas on how this review process could be institutionalized.. |
| 28. | Steven J. Van Uytsel, The CDCE and the WTO - in search for a meaningful role after China-audiovisuals, Taylor and Francis, 10.4324/9780203795842, 40-53, 2014.01, [URL]. |
| 29. | Mark Fenwick, Steven J. Van Uytsel, Stefan Wrbka, Preface, Springer Berlin Heidelberg, 10.1007/978-3-642-41212-7, v, 2014.01, [URL]. |
| 30. | Mark Fenwick, Steven J. Van Uytsel, Stefan Wrbka, Networked Governance, Transnational Business and the Law, Springer Berlin Heidelberg, 10.1007/978-3-642-41212-7, 2014.01, [URL], This book brings together a unique range of case studies focusing on networks in the context of business regulation. The case studies form the basis for an interdisciplinary dialogue on the meaning, value and the limits of the 'network concept' as a tool for understanding and critically evaluating the emergent transnational legal order.. |
| 31. | Mark Fenwick, Steven J. Van Uytsel, Stefan Wrbka, Introduction Networks and networked governance, Springer Berlin Heidelberg, 10.1007/978-3-642-41212-7_1, 3-9, 2014.01, [URL], A much-discussed feature of the emerging global legal order has been the proliferation of so-called transnational regulatory networks. These new institutional forms consist of routinized, purposive interaction between diverse actors that share a common sphere of expertise. Such networks are of different types, some involving cooperation between public bodies, others entailing interaction between public, private and quasi-public institutional actors. These networks perform diverse functions: e.g. ‘enforcement networks’, designed to make enforcement more efficient across international borders; ‘information networks’ aimed at promoting information exchange; and, ‘harmonization networks’ setting standards and seeking uniformity in substantive and procedural normative standards.. |
| 32. | Steven J. Van Uytsel, Anti-Cartel Enforcement in Japan Does Leniency Make the Difference, Cambridge University Press, 2015. |
| 33. | Steven J. Van Uytsel, Ying Bi, Delayed leniency applications The unfortunate but predictable outcome of the flexible leniency policies under the chinese antimonopoly law, Springer Japan, 10.1007/978-4-431-55787-6_6, 2016.01, [URL], Leniency has become important for the enforcement of competition law against illegal cartels. When the Chinese Anti-Monopoly Law was drafted, the possibility to give lenient treatment to an infringer coming forward with information on the illegal cartel was inscribed in Article 46. In their elaboration of this general leniency provision, NDRC and SAIC created two leniency policies, one of price related and one for non-price related cartels. These leniency policies empowered the enforcement agencies to take decisions almost as they like. Flexible leniency policies, as experience in the United States and the European Union has shown, do not always lead to a favourable outcome in terms of detecting cartels independent from investigations from enforcement agencies. The European experience suggests that a flexible leniency policy will still trigger leniency applications, but that they will always follow the investigations by another enforcement agency. The Japanese experience has taught that this outcome may even not be achieved by a clear and transparent leniency policy. Despite that outcome, the Japanese experience shows that the leniency applications will follow almost directly the foreign investigations. Combining these experiences, the chapter suggests that the Chinese leniency policies will be used. However, due to the uncertainty, the leniency applications will be delayed until it is almost certain that the firm will be punished.. |
| 34. | Steven J. Van Uytsel, When Geographical Indications Meet Intangible Cultural Heritage The New Japanese Act on Geographical Indications, Cambridge University Press, 2017. |
| 35. | Ｓｔｅｖｅｎ Ｊｏｓ Ｖａｎ Ｕｙｔｓｅｌ, Mark Fenwick, Steven Van Uytsel & Stefan Wrbka, Springer , 313, 2014.01. |
| 36. | Steven Van Uytsel, Toshiyuki Kono, Tania Voon, Branislav Hazucha, Eva Brems, Rostam Neuwrith, Lilian Hanania, Carol Balassa, Ivan Bernier, Federico Lenzerini, Yvonne Donders, Christa Rautenbach, Anna Meijnknecht, Helene Ruiz Fabri, David Throsby, Evangelia Psychogiopoulou, Toshiyuki Kono and Steven Van Uytsel, Intersentia, The UNESCO Convention on the Diversity of Cultural Expressions: A Tale of Fragmentation in International Law, 2012.09.  |
| 37. | Stefan Wrbka, Steven Van Uytsel, Mathias Siems, Sean Mcginty, Monika Hintegger, Kunihiro Nakata, Akinori Uesugi, Quynh Thuy Quach, Arthur Pinto, William Page, Simon Vande Walle, Annina Persson, Benoit Allemeersch, Rachael Mulheron, Stefan Wrbka, Steven Van Uytsel, Mathias Siems, Cambridge University Press, Collective Actions: Enhancing Access to Justice and Reconciling Multilayer Interests?, 2012.09. |
| 38. | Steven Van Uytsel and Toshiyuki Kono, Intangible Cultural Heritage Identified: Inventories as a Part of the Safeguarding Process, Intersentia - Antwerp, published in "Intangible Cultural Heritage and Intellectual Property Law: Communities, Cultural Diversity and Sustainable Development"(Toshiyuki Kono ed.) 43-50, 2009.01. |
| 39. | Steven Van Uytsel, Inventory Making and Fairy Tales: Safeguarding of Intangible Cultural Heritage in an Historical Perspective, Intersentia - Antwerp, publsihed in "Intangible Cultural Heritage and Intellectual Property Law: Communities, Cultural Diversity and Sustainable Development (Toshiyuki Kono ed.) 113-141, 2009.01. |
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