Abstract:

The increasing collection, processing and commercial use of data in digital markets has prompted a broad debate about the role of data in corporate strategies and the application of competition law to such strategies. Today several firms achieve high turnovers based on business models which involve the use of data. In a joint project the French Autorité de la concurrence and the German Bundeskartellamt have analyzed the implications and challenges for competition authorities resulting from data collection in the digital economy and other industries. They provided a comprehensive overview of the existing case law and literature helping to identify key issues and parameters that may need to be considered when assessing the relevance of data for competition law enforcement. Two aspects of particular relevance have to be carefully considered: 1) whether the data under consideration can easily be obtained by rivals and 2) whether the scale and scope of data matter. The paper illustrates the necessity of a differentiated approach and a case-by-case analysis.

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