Big Data in the EU Competition Law

Abstract

Whether data can lead to market power is currently the subject of numerous academic debates. Some are in favour of strict competition in regulation of collection and use of data, and others consider competition inappropriate for regulation of data processing and call for solutions based on personal data protection regulations or consumer protection regulations. However, several recent proceedings point to the fact that the European Commission and also some national competition authorities are looking at possible competition concerns arising from the collection and processing of data. The main purpose of this article is to identify some of the key issues, describe selected criteria used to assess how data can contribute to creation of market power and analyse the European Commission’s decision making practice concerning undertakings that have access to big data.

Keywords: big data, market power, EU competition law, decision making practice, assessment of big data, national competition authorities