Big Data and Competition Law: Market Power Assessment in the Data-Driven Economy

Recent studies on competition law and digital markets show that accumulating personal information through data collection and acquisition methods benefits consumers, leading to the emergence of a data-driven sector. However, the accumulation and use of data also brings competition law concerns, as it contributes to market power in the online world, resulting in the dominance of a few technology giants. This book argues that a novel approach to the data-driven sector must be developed through the application of competition law rules to address this. It advocates for cooperation between competition and data protection authorities to promote new legal tests for addressing the market power of technology giants and assessing abusive behaviour in data-driven markets.

Format: Hardback
Length: 258 pages
Publication date: 13 November 2023
Publisher: Taylor & Francis Ltd

Recent studies on competition law and digital markets have uncovered a significant advantage for consumers when personal information is collected through data collection and acquisition methods. Online businesses offer a range of free, fast, and personalized services and products to consumers, thanks to the valuable data they have gathered. This data has become an essential component of online businesses, leading to the emergence of a new data-driven sector. Markets such as social networks, search engines, online advertising, and e-commerce are considered data-driven, as the effective utilization of Big Data is crucial for their success. However, the accumulation and use of data raise concerns about competition law, as they contribute to market power in the online world. A few technology giants have gained unprecedented market power due to their massive accumulation of Big Data, indirect network effects, and the creation of online ecosystems. Given the global reach of these technology giants, with billions of consumers worldwide, data-driven markets are truly global. While technology giants may abuse their dominant positions in these markets, existing competition law tools appear inadequate in addressing market power and assessing abusive behavior related to Big Data.

In response to this challenge, this book advocates for a novel approach to the data-driven sector. It suggests that competition law rules should be applied to address the competition issues arising in this context. By extending the competition law assessment beyond the current tools, a modernized and unified approach to Big Data-related competition issues can be achieved. The book proposes new legal tests to address the market power of technology giants and assess abusive behavior in data-driven markets. It advocates for cooperation between competition authorities and industry stakeholders to promote fair competition and protect consumer interests in the digital age.

In conclusion, the accumulation and use of data have transformed the landscape of competition law and digital markets. While it offers significant benefits to consumers, it also raises concerns about market power and abusive behavior. By applying competition law rules to the data-driven sector, a novel approach can be developed to address these issues and promote fair competition. Cooperation between competition authorities and industry stakeholders is crucial to ensure that the benefits of digitalization are shared equitably and that consumers are protected from unfair practices.

Dimension: 234 x 156 (mm)
ISBN-13: 9781032601434