Competition and Data Pools

10.12.2018 413
Back to Publications
Article

Competition and Data Pools

In the Internet of Things (IoT), the amount and smart use of data will determine whether or not a firm can compete successfully. Firms, at least SMEs, will likely store their collected data in the cloud, purchasing cloud services and storage from the large e-platform providers doubling as cloud providers. Access to the cloud and to data analytics on fair business terms, and the possibility to switch cloud and service providers are vital for the SMEs and, in general, to create a competitive and vibrant IoT. However, cloud customers seem to be facing difficulties. According to the EU Commission, SMEs are finding it particularly hard to engage cloud providers, and to gain access to cloud services on reasonable, transparent terms. The contracts are skewed in favour of the cloud providers. The customers get locked in and may be obliged to agree not to assert any of their intellectual property rights vis-a-vis the cloud provider or the cloud provider’s network. Moreover, the cloud providers may under certain circumstances access and make use of the users’ data in the cloud, and that may put them in competitive advantage vis-a`-vis the cloud users since the cloud providers may have access to much more data even data originating from the cloud users’ competitors, suppliers, customers, etc. They can thus use all data available to them to obtain fuller picture of whole industries, and that may use that advantage in data to leverage and enter cloud customers markets. Indeed, they may use the data in the cloud for data-driven business strategies to enter the core market of the firms that haveprovided them with data in the first place. This article discusses whether competition law can address the conduct of the cloud providers, so that firms may access and make use of all the possibilities that the IoT harbours

Journal of European Consumer and Market Law. 2018. Vol. 7. No. 4. P. 146-154.

Lundqvist B.

Internet of Things  competition law  big data 

Share with friends

Related content

13.07.2021 Article
Competition Law for a Complex Economy
​As the global economy is incurring a process of transformation by the ongoing “fourth industrial revolution”, competition law is traversing a “liminal” moment, a period of transition during which the normal limits to thought, self-understanding and behaviour are relaxed, opening the way to novelty and imagination, construction and destruction. This paper studies the convergence and the remaining divergences of European competition and sector regulation in the electronic communications sector.
Lianos I.
IIC International Review of Intellectual Property and Competition Law. 2019. P. 1-6.
11.11.2019 Article
Russia and Global Challenges for Competition Law and Policy in the New Economy: Yandex v. Google, Kaspersky v. Microsoft, the Bayer-Monsanto Merger and Beyond
The chapter focuses on key questions that are currently emerging in the digitalized economy.
Ivanov A.
The Interplay Between Competition Law and Intellectual Property: An International Perspective Под науч. редакцией: G. Muscolo, M. Tavassi. Kluwer Law International, 2019.
24.10.2019 Article
Digital Swords Versus Digital Shields in Cartel Enforcement: Insights from Russian Experience in Electronic Procurements
This chapter analyzes the enforcement practice with regards to one of the hot topics in the competition law and policy domain—the unsettled relations between algorithms and collusive market behavior.
Ivanov A., Semenova E.
Global Competition Enforcement: New Players, New Challenges Под науч. редакцией: P. Burnier da Silveira, W. E. Kovacic. Vol. 79. Kluwer Law International, 2019.
20.06.2018 Article
Updating the EU Internal Market Concept
The study analyses the EU Internal market from a dynamic and a contextual perspective, taking into account, not just the normative changes brought by the intense legislative and judicial activity in this area, but also the important economic and technological transformations that have largely altered the structure of the global economy in the last two to three decades.
Lianos I.
CLES Research Paper Series. F1, F15, F6, O24, O52. CLES University College London , 2018. No. 1.