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A joint paper by the French and the German Competition Authority

A joint paper by the French Competition Authority (Autorité de la concurrence) and the German Competition Authority (Bundeskartellamt) on data and competition, provides background on the approach to data likely to be taken by two of the most active competition authorities in the EU, a blog at Bird & Bird notes. "Although drafted in fairly high-level terms, it considers the extent to which data confers market power, the types of data-related conduct that may give rise to abuse, and the interaction between competition and data protection/privacy rules." The Bundeskartellamt had already launched an investigation into Facebook to assess whether it has abused a possible dominant position in the market for social networks through its specific terms of service on the use of user data. The Autorité de la concurrence, for its part, has taken the opportunity of the publication of the study to announce that it will soon launch a full-blown sector inquiry into data-related markets and strategies. The UK Competition and Markets Authority published a study on the commercial use of consumer data in 2015. "In this context, the joint study provides a useful overview of the relevant competition issues raised by the use of data and a state-of-play of the on-going debates. In this study, the two authorities go beyond a mere description of the importance of collected data – including personal data – in the modern economy. They also consider whether the collection, processing and use of data may lead to market power; the types of data-related conduct that are potentially anticompetitive; and whether personal data protection rules take precedence over competition law rules." and the paper

  • Monday, 27 June 2016

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