ON-TOPIC: MERGER CONTROL - DIGITAL MARKETS - DATA PROTECTION - INDIVIDUAL PRIVACY - ONLINE TRANSACTIONS

Big Data and competition law

Much has been written about the rise of big data and its impact on competition law. This On-Topic seeks to illustrate the most relevant case practice developed by the European Commission in relation to data issues in the field of merger control law, within five specific relevant topics. The purpose of this analysis is to distil some methodological conclusions regarding the framework of assessment deployed by the Commission to tackle data-related issues and to understand whether the rise of big data has led to, or warrants, new approaches under EU merger law. The big challenge posed by digital markets to public policy, whether in relation to competition or data protection law, concerns how to preserve freedom of choice and expression and the individual privacy which underpins it. Regulators are realising the need to understand better the true nature of typical online transactions where value but no money is exchanged.

EU merger control and big data – Quid novi sub sole? [1] Andrea Cilea Case Handler, DG Competition, Brussels Luca Manigrassi Case Handler, DG Competition, Brussels 1. Much has been written about the rise of “big data” and its impact on competition law, practice and instruments. [2] This topic has also attracted the focus of several national and international authorities over the last few years. [3] Against this backdrop, this article seeks to provide a brief overview of the most relevant case practice that the European Commission (hereafter “Commission”) has developed to date in relation to “big data” in the field of merger control law. The purpose of this analysis is to distil some methodological conclusions regarding the framework of assessment deployed by the Commission to tackle

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Authors

  • Shearman & Sterling (Brussels)
  • EDPS - European Data Protection Supervisor (Brussels)
  • DG COMP (Brussels)
  • University of Oxford - Centre for Competition Law and Policy
  • DG COMP (Brussels)
  • The Konkurrenz Group (Washington)

Quotation

Ariel Ezrachi, Geert Goeteyn, Maurice Stucke, Andrea Cilea, Christian D’Cunha, Luca Manigrassi, Big Data and competition law, November 2017, Concurrences Review N° 4-2017, Art. N° 84938, www.concurrences.com

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