On Big Data and Its Relevance for Market Power Assessment

The widespread collection, processing, and linkage of data may benefit both consumers and companies, but may also lead to barriers to entry. While competition law is in principle well-suited to address the challenges posed by big data, adjustments might be necessary with regard to the notification requirements in merger control. Regulatory interventions to grant competitors access to an incumbent's data should only be considered if unsurmountable barriers to entry exist. Matters of data protection and privacy should primarily be addressed by data protection law.