The German Parliament publishes its act against restraints of competition’s 10th amendment introducing a new regulatory framework for access to commercial data under antitrust law

"The world's most valuable resource is no longer oil, but data" (The Economist, 6.5.2017). This catchy (albeit not quite accurate) comparison is likely to take the leading position among modern digital markets truisms. It is therefore hardly surprising that the German legislator has been inspired by it too. As part of the 10th amendment to the German Act against Restraints of Competition (ARC), which entered into force on 19 January 2021, the German parliament has introduced a new regulatory framework for access to commercial data under antitrust law. It does so in the form of not one, but two data access claims anchored in the abuse of dominance provisions of the ARC. Why data access claims? The underlying rationale goes somewhat like this: oil is a treasured natural resource, data

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Marc Schweda, Florian von Schreitter, The German Parliament publishes its act against restraints of competition’s 10th amendment introducing a new regulatory framework for access to commercial data under antitrust law, 19 January 2021, e-Competitions January 2021, Art. N° 98897

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