Data-Related Abuses in Competition Law
Frédéric Jenny, Standing Up for Convergence and Relevance in Antitrust - Liber Amicorum, Vol. I - N.CHARBIT, S.AHMAD (ed.), Concurrences Review 2019, 293-310
46 Pages Posted: 29 Jan 2019
Date Written: January 2019
This article examines data-related abuses in competition law within today’s data driven economic world. There is no doubt that data has become an indispensable source of information and an essential business tool for almost all companies operating in various diverse markets. In this regard, the collection and use of voluminous data by dominant undertakings may give rise to certain competition law concerns. This article will first define the term “big data,” which is generated through algorithms and artificial intelligence, and examine its role in the assessment of an undertaking’s market power. Subsequently, the article will delve into the specific types of data related abuses under the European competition law regime in light of the relevant decisions of competition authorities and recent debates in the academia. This article aims to provide an overview regarding specific types of abuses arising from the use of data and to discuss the various approaches of competition authorities on that front within the scope of their current competition law tools and procedures.
Keywords: data, data-related abuses, abuse of dominance, competition law
JEL Classification: K21, L40
Suggested Citation: Suggested Citation