Addressing data access problems in the emerging digital agriculture sector: potential of the refusal to deal case law to complement ex-ante regulation

Q2 Social Sciences

European Competition Journal Pub Date : 2023-04-17 DOI:10.1080/17441056.2023.2200618

Can Atik

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引用次数: 0

Abstract

ABSTRACT Tailored data-driven “Digital Agriculture” solutions bring about many benefits. However, there are also challenges related to complicated data access needs in the farm-to-fork chain. Farm-specific data are mostly locked in by the first-mover companies. This prevents farmers from switching to a better or cheaper alternative. This also hinders agricultural data-driven innovation due to unanswered access seekers. Moreover, already powerful players build exclusive data exchange clusters that further exclude small rivals and other access seekers. Also, upstream input producers have exclusive control over their products’ performance data, which generates critical advantages for their downstream data-driven services. These conditions endanger the digital agriculture sector and bring about the risk of reflection of the oligopolistic upstream players in this new sector. This paper explores the adequacy of EU competition law enforcement to address the ag-data access-related concerns – hoping to contribute to the sectoral literature that is currently dominated by regulation-centred discussions.

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解决新兴数字农业部门的数据访问问题：拒绝处理判例法以补充事前监管的潜力

摘要量身定制的数据驱动“数字农业”解决方案带来了许多好处。然而，在农场到叉子的链中，也存在与复杂的数据访问需求相关的挑战。农场特定的数据大多由先行者公司锁定。这阻止了农民转向更好或更便宜的替代品。这也阻碍了农业数据驱动的创新，因为没有答案的访问寻求者。此外，已经强大的参与者建立了专属的数据交换集群，进一步排除了小型竞争对手和其他访问寻求者。此外，上游投入生产商对其产品的性能数据拥有独家控制权，这为其下游数据驱动服务带来了关键优势。这些情况危及数字农业部门，并带来这一新部门中寡头垄断上游参与者的反映风险。本文探讨了欧盟竞争法执法是否足以解决ag数据访问相关问题，希望为目前以监管为中心的讨论所主导的部门文献做出贡献。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

European Competition Journal Social Sciences-Law

CiteScore

1.50

自引率

0.00%

发文量

期刊介绍： The European Competition Journal publishes outstanding scholarly articles relating to European competition law and economics. Its mission is to help foster learning and debate about how European competition law and policy can continue to develop in an economically rational way. Articles published in the Journal are subject to rigorous peer review by leading experts from around Europe. Topics include: -Vertical and Conglomerate Mergers -Enlargement of the Union - the ramifications for Competition Policy -Unilateral and Coordinated Effects in Merger Control -Modernisation of European Competition law -Cartels and Leniency.