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EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility by GRAEF

EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility

By Inge Graef


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International Competition Law Series Volume 68

EU Competition Law, Data Protection and Online Platforms provides a highly topical study of how EU competition law interacts with data on online platforms. All agree that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised aboutthe market dominance of a few key players. Since these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competitionenforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first to focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access to data on online platforms, such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet.

What’s in this book:

The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’, thereby leading to competition law liability under the so-called essential facilities doctrine, according to which the firms need access to shared knowledge in order to be able to compete. Building on this concept, and using a multidisciplinary approach, the book analyses such issues and topics as the following:

  • data portability;
  • interoperability;
  • data as a competitive advantage or entry barrier in digital markets;
  • market definition and dominance with respect to data;
  • disruptive versus sustaining innovation;
  • role of data protection and intellectual property regimes;
  • economic trade-off in essential facilities cases;
  • disentangling data protection and privacy; and
  • data-related competition concerns in merger cases.

The author draws on a wealth of relevant material, including EU and USdecision-making practice, case law and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data.

How this will help you:

This book is an evaluation of how existing laws and concepts can be applied to data-related competition concerns in digital markets. It serves as an invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law and evaluates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. The economic insight thus gained is of practical value to many jurists, business persons, and academics concerned with this very timely subject.

Last Updated 10/27/2016
Update Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041183248
SKU 10059054-0001
Table of Contents


CHAPTER  1 Introduction

Part I Competition and Innovation on Online Platforms

CHAPTER 2  Business Models and Economic Characteristics of Online Platforms

CHAPTER 3  Evaluating the Link between Competition and Innovation

CHAPTER 4   Market Definition and Dominance on Online Platforms

Part II Data as Essential Facility

CHAPTER 5  Setting the Scene

CHAPTER 6   Normative Analysis of the Essential Facilities Doctrine

CHAPTER 7   Application of the Essential Facilities Doctrine to Data

Part III  Data Protection Interests in Competition Enforcement

CHAPTER 8 How Data Protection Has Become Relevant to Competition Enforcement

CHAPTER 9  Identifying the Interaction between Competition and Data Protection Law

CHAPTER 10 Data Protection as a Non-efficiency Concern in Competition Policy

CHAPTER 11 Conclusion


Table of Cases

Table of Legislation