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Data-sharing in IoT Ecosystems from a Competition Law Perspective: The Example of Connected Cars

Wolfgang Kerber ()
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Wolfgang Kerber: Philipps University Marburg

MAGKS Papers on Economics from Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung)

Abstract: This paper analyses whether competition law can help to solve problems of access to data and interoperability in IoT ecosystems, where often one firm has exclusive control of the data produced by a smart device (and of the technical access to this device). Such a gatekeeper position can lead to the elimination of competition for after-market and other complementary services in such IoT ecosystems. This problem is analysed both from an economic and a legal perspective, and also generally for IoT ecosystems as well as for the much discussed problems of “access to in-vehicle data and resources†in connected cars, where the “extended vehicle†concept of the car manufacturers leads to such positions of exclusive control. The paper analyses, in particular, the competition rules about abusive behavior of dominant firms (Art. 102 TFEU) and of firms with “relative market power†(§ 20 (1) GWB) in German competition law. These provisions might offer (if appropriately applied and amended) at least some solutions for these data access problems. Competition law, however, might not be sufficient for dealing with all or most of these problems, i.e. that also additional solutions might be needed (data portability, direct data (access) rights, or sector-specific regulation).

Keywords: data access; Internet of Things; data sharing; data access; competition; digital economy; connected cars (search for similar items in EconPapers)
JEL-codes: K23 K24 L62 L86 O33 (search for similar items in EconPapers)
Pages: 50 pages
Date: 2019
New Economics Papers: this item is included in nep-big, nep-com, nep-ict, nep-law, nep-ore, nep-pay and nep-tre
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