ABSTRACT
This paper presents a comparative legal analysis of commercial defamation and unfair competition in the digital age, focusing on the divergent regulatory approaches of the United States and the European Union. While US law emphasizes freedom of expression and market-driven litigation, the EU favors consumer protection and proactive platform accountability. Through key case studies and doctrinal interpretation, the paper explores how digital transformation and the spread of misinformation challenge traditional legal frameworks. It highlights the normative tensions between reputational harm, speech rights, and market fairness. Methodologically, it adopts a doctrinal and jurisprudential comparative approach, combining normative legal analysis with examination of landmark judicial decisions to contrast transatlantic legal responses. The study concludes by proposing regulatory pathways for cross-border digital governance and underscores the urgent need for harmonized global standards to address misinformation, unfair competition, and platform liability in online environments.
Eduardo Manuel de Almeida Leite and Maria André Ramos Leite, Platform liability, free speech, and market fairness: transatlantic legal responses to commercial defamation and digital competition, International Review of Law, Computers & Technology. Published online: 18 June 2025.
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