12.05.2016

Paper on "Competition Law and Data" by French Autorité de la concurrence and German Bundeskartellamt

French Autorité de la concurrence and German Bundeskartellamt have published a joint paper entitled "Competition Law and Data" (pdf):[...] This paper aims to feed this debate by identifying some of the key issues and parameters that may need to be considered when assessing the interplay between data, market power and competition law. For this purpose it is necessary to first clarify what can be meant by “data” or the often cited “big data”, whether there are different types of data with possibly different features, in which possible ways data can be collected and how they are used by firms (section II). The various theories of harm usually associated with data collection and exploitation in digital markets are presented in section III. Finally, in view of these two sections, section IV discusses some of the parameters that are to be considered in assessing the relevance and credibility of these theories of harm. [...]