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ORCID

Giulia Schneider: 0000-0002-6244-717X

Keywords

abuse, collaborative governance, data sharing, data silos, merger

Abstract

The study moves from the assumption that the sharing of data can – under specific circumstances – give rise to anticompetitive aggregations of research-valuable data in the form of closed data silos. It addresses the question whether and how competition remedies available under EU law can be used for the design of pro-competitive data pools in digital markets. Interesting suggestions for these purposes are given by the recent enforcement policies enacted by the European Commission in high technology innovation markets. Although aimed at restoring very different anticompetitive conducts, these remedies nonetheless appear to share the common function of opening up established innovation alliances for the transfer of research-valuable information assets to external competing parties. Against this backdrop, the suitability of such information-based remedies in the context of digital markets is questioned. The study ultimately puts forward the opportunity of a close collaboration between competition and data protection authorities for a joint governance of data sharing remedies.

First Page

161

Last Page

186

Page Count

25

Received Date

11.03.2020

Accepted Date

30.05.2020

DOI

10.7172/1689-9024.YARS.2020.13.21.6

Publisher

University of Warsaw

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