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Big Tech, Small Tech, and the Data Economy : What Role for EU Competition Law (Inglês)

What role does, or should competition law play in the data economy? The proliferation of data into different fields of the economy presents a tremendous opportunity for economic growth. Data permits companies to improve the quality of the products and services that they offer to consumers. It also enables companies to reduce their costs, increase their efficiency, and identify new business opportunities. Reliance on data can therefore enhance the competitiveness of firms and the economy more generally. However, there is a concern that the data economy has given rise to increasingly concentrated markets, where a small number of firms has gained disproportionate market power. Can the enforcement of competition law promote the development of a competitive data economy? This article examines the competition policy that the European Union should adopt for the data economy generally and, more specifically, for the Industry 4.010 the coming digitalization of the manufacturing process and of the industry more broadly. It explains that weakening the enforcement of competition law to facilitate the development of EU champions would be a misguided policy for the European Union. A less competitive internal market, which would necessarily result from a weaker enforcement of EU competition law, is unlikely to increase the competitiveness of EU firms in the global arena.


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    Aridi,Anwar, Petrovčič, Urška

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    Big Tech, Small Tech, and the Data Economy : What Role for EU Competition Law?

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    enforcement of competition law; small and medium enterprise; application of competition law; market power; Antitrust Law; dominant market position; burden of proof; harm to competition; Merger and Acquisitions; venture capital markets; average variable cost; process competition; price of good; economies of scope; pricing policy; competitiveness of firms; competition in market; high compliance costs; access to information; investment in innovation; national competition authority; types of cost; new market entrant; behavior of firms; restriction of competition; legal framework governing; abuse of discretion; scope of competition; prima facie evidence; predatory pricing; collected data; enforcement agency; anticompetitive practices; national enforcement; personal data; legal doctrine; relevant market; competition policy; merger control; internal market; empirical evidence; new product; new business; antitrust enforcement; new entrant; anticompetitive behavior; competitive agreements; big data; machine learning; lower price; dominant company; public body; pricing strategy; innovative product; state aid; incumbent company; dominant position; competitive effect; exclusionary conduct; business model; weak enforcement; analytical method; search engine; merger review; transaction value; predatory practice; exclusionary practice; manufacturing process; expert panel; important component; timely access; comparison shopping; competitive market; general observation; antitrust remedies; market integration; data privacy; artificial intelligence; anticompetitive conduct; business practice; competition rule; negative effect; potential competitor; legal provision; technology company; consumer welfare; essential facility; Unilateral Conduct; effective competition; legal standard; market access; primary product; professional networking; voice recognition; long-term effect; skill gap; broadband network; policy suggestions; technology platform; market competitor; several years; parent company; personal identification; Cash flow; Data Protection; vertical restraint; analytical tool; public policy; private entity; alternative product; data retention; search result; substitute good; competition benefit; market behavior; market success; privacy consideration; online platform; common good; economic integration; law regime; consumer data; regional court; product quality; 3d printing; enforcement priority; term of data; digital market; telecom service; mobile application; data mining; future trends; traditional market; analytical models; software tool; network industry; business decision; market structure; distribution arrangements; business actions; state monopoly; electric bike; advance data; market player; antitrust regime; social data; gain control; digital economy; potential competition; consumer base; data sharing; legal entities; competitive product; legal entity; high-speed train; stare decisis; applicable law; environmental rules; subsidiary right; minimum wage; private finance; territorial jurisdiction; mature market; future value; innovative way; think tank; competitive industry; safety standard; Exit Strategy; foreign jurisdiction; food delivery; valuable asset; financial resource; roads use; worth emphasizing; abusive behavior; legal system; tax incentive; exceptional circumstance; Industrial Policies; Industrial Policy; unilateral action; software product; technology base; artificial barrier; data storage; irreparable harm; legal basis; promoting competition; competitive level; tech company; internal training; monopoly price; different standard; personal information; privacy concern



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