 Data as an essential facility in European law: how to define the “target” market and divert the data pipeline?Édouard Bruc European Competition Journal, 2019, vol. 15, issue 2-3, 177-224 Abstract: A new economic test called the holistic inter-dynamic analysis is proposed to tackle both sides of the multisided market simultaneously. The dominance issue solved, the risk of 102 TFEU abuse regarding data was already highlighted in the 1996 Database Directive. On that matter, this article assesses each legal condition of a “refusal to supply” access. Apropos the indispensability condition, data’s ubiquitous nature may be dispelled by an analysis of the context in which it evolves or its link with AI or the IoT. Concerning its replicability prong, data’s feature, feedback loops, network effects, switching costs or economies of scale/scope are conducive to super-dominance. They altogether can create an insurmountable bottleneck. Regarding innovation, the author carefully analyses the “limitation of technical development” condition either on an economic or a legal standpoint. Finally, regarding privacy law, when granting access, a coherent approach appears feasible through a proportionality test. Date: 2019 Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:taf:recjxx:v:15:y:2019:i:2-3:p:177-224 Ordering information: This journal article can be ordered from DOI: 10.1080/17441056.2019.1644576 Access Statistics for this article European Competition Journal is currently edited by Philip Marsden More articles in European Competition Journal from Taylor & Francis Journals |
Is your work missing from RePEc? Here is how to contribute.
Questions or problems? Check the EconPapers FAQ or send mail to .
EconPapers is hosted by the
School of Business at Örebro University.