ORCID
Emanuele Fazio - 0009-0004-9938-6157
Keywords
Data sharing, Experimentalist competition law enforcement, AGCM v. Google, Data portability, Implementation, Administrative dialogues
Abstract
Analysing the Italian case AGCM v. Google – Ostacoli alla portabilità dei dati, this paper scrutinises the “experimentalist architecture” of public competition law enforcement in dealing with data sharing disputes. In AGCM v. Google, the experimentalist competition law enforcement aimed at ensuring and designing the right to data portability provided by Article 20 GDPR. The paper investigates the extent to which the conditions and distinctive features of the experimentalist architecture play a role in AGCM v. Google, which include: strategic uncertainty, polyarchic distribution of powers, high degree of discretion of local agents, dynamic accountability, and the participation of all stakeholders in the design, review and updating of cross-sectoral data sharing solutions. In conducting the analysis, the internal administrative dialogue between local actors within the national competition law enforcement process is examined. In addition, the paper explores the potential for an external administrative dialogue between national competition law enforcement, implementation mechanisms, and regulatory revisions of the data sharing framework, involving local and EU actors.
Acknowledgements
The author is grateful to Prof. Edoardo Chiti, Prof. Caterina Sganga, Dominic James Stanley, and Emmalucia Virardi for their exceptional knowledge, stimulating discussions, patience, and good humour. The author is also thankful to the anonymous reviewers for their insightful comments, which greatly enriched this work. Additionally, this paper benefited from a Visiting Fellowship at Sciences Po Law School from April 2024 to July 2024.
Funding
This article received no funding
The cost of editing selected articles published in the Yearbook of Antitrust and Regulatory Studies in the 2022–2024 is covered by funding under the program “Development of scientific journals” of the Ministry of Education and Science under agreement No. RCN/SN/0324/2021/1. Task title: “Verification and correction of scientific articles and their abstracts”. Funding value: 36 298,00 PLN; The task consists of professional editing of articles published in English.
Declaration of Conflict of interests
The author declared no potential conflicts of interest with respect to the research, authorship, and publication of this article.
Declaration about the scope of AI utilisation
The author did not use AI tools in the preparation of this article.
Recommended Citation
Fazio, E. (2024). Experimentalist Competition Law Enforcement as a Complementary Data Sharing Toolkit: Learning from AGCM v. Google – Ostacoli alla Portabilità dei Dati. Yearbook of Antitrust and Regulatory Studies, 17(29), 235-261. https://doi.org/10.7172/1689-9024.YARS.2024.17.29.8
First Page
235
Last Page
261
Page Count
27
DOI
10.7172/1689-9024.YARS.2024.17.29.8
JEL Code
K21, K23, K24, K42
Publisher
University of Warsaw
