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

See all articles by Gonenc Gurkaynak

Gonenc Gurkaynak

ELIG Gürkaynak Attorneys-at-Law

Ali Kağan Uçar

ELIG Gürkaynak Attorneys-At-Law

Zeynep Buharalı

ELIG Gürkaynak Attorneys-At-Law

Date Written: January 2019

Abstract

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

Gurkaynak, Gonenc and Uçar, Ali Kağan and Buharalı, Zeynep, Data-Related Abuses in Competition Law (January 2019). Frédéric Jenny, Standing Up for Convergence and Relevance in Antitrust - Liber Amicorum, Vol. I - N.CHARBIT, S.AHMAD (ed.), Concurrences Review 2019, 293-310, Available at SSRN: https://ssrn.com/abstract=3318071

Gonenc Gurkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Ali Kağan Uçar

ELIG Gürkaynak Attorneys-At-Law ( email )

Yıldız Mah. Çitlenbik Sk. No:12
İstanbul, 34349
Turkey

Zeynep Buharalı

ELIG Gürkaynak Attorneys-At-Law ( email )

Yıldız Mah. Çitlenbik Sk. No:12
İstanbul, 34349
Turkey

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