Designing Pro-Competitive Research Data Pools: Which EU Competition Remedies for Research Data Silos in Digital Markets?
Yearbook of Antitrust and Regulatory Studies, 2020, 13(21), 161-186
26 Pages Posted: 18 Feb 2021
Date Written: May 30, 2020
The study moves from the assumption that the sharing of data can – under specific
circumstances – give rise to anticompetitive aggregations of research-valuable data in
the form of closed data silos. It addresses the question whether and how competition remedies available under EU law can be used for the design of pro-competitive data
pools in digital markets. Interesting suggestions for these purposes are given by the
recent enforcement policies enacted by the European Commission in high technology
innovation markets. Although aimed at restoring very different anticompetitive
conducts, these remedies nonetheless appear to share the common function of opening
up established innovation alliances for the transfer of research-valuable information
assets to external competing parties. Against this backdrop, the suitability of such
information-based remedies in the context of digital markets is questioned. The study
ultimately puts forward the opportunity of a close collaboration between competition
and data protection authorities for a joint governance of data sharing remedies.
Keywords: abuse; collaborative governance; data sharing; data silos; merger.
JEL Classification: K21
Suggested Citation: Suggested Citation