Big Data and Competition Policy in the European Union

Abstract

Because of the specific features of digital markets and the emergence of new business models in the digital economy, competition often takes on a rather distinctive form, challenging competition authorities in the assessment of merger controls and anticompetitive behaviour. Several competition authorities have concluded recently that although generically formulated competition law provisions can be adapted to the particularities of a data-driven market, big data may require the use of somewhat specialized tools and methods in law enforcement, especially in the assessment of market power during merger control proceedings. One particular issue is whether data protection concerns might be covered by the scope of competition law. Recent case law suggests that national law enforcers are becoming increasingly flexible regarding privacy policies as a non-price competition factor in merger control in order to prevent future anti-competitive practices and a general reduction of competition in the relevant market.