The research article on “Big Data and Digital Markets Contestability: Theory of Harm and Data Access Remedies” by Professor Jan Krämer und Dr. Daniel Schnurr has been accepted for publication in the Journal of Competition Law and Economics.
The article analyses the crucial role of user data for competition in digital markets and presents policy proposals devised to address growing concerns about the dominance of data-rich gatekeepers. Based on the discussion of a data-driven theory of harm that would warrant market regulation, different regulatory data access remedies are evaluated with respect to their effectiveness in promoting niche entry and growth. In particular, three approaches are analyzed: Firstly, remedies that would limit the collection of user data by data-rich incumbents such as data silos and line of business restrictions are discussed. Secondly, remedies that facilitate sharing of (user) data by opening up access to raw behavioural user data collected by data-rich incumbents are considered. To this end, a dual approach with two complementary types of data access remedies is proposed: bulk sharing of broad anonymised raw user data and continuous, real-time data portability of deep raw data that contains personally identifiable information.
The article directly addresses the ongoing policy discourse on the recent proposal for a Digital Markets Act by the European Commission and derives recommendations on how to govern dominant data gatekeepers in the digital economy.
Governance and regulatory issues in the data economy have also been the topic of two recent talks in our distinguished keynote series on 'Digital Platform Ecosystems':
- Associate Professor Mark de Reuver (Delft University of Technology) on Governance of data platforms: Rethinking platform openness in the data economy
- Professor Jens Prüfer (Tilburg University) on Mandatory data sharing on data-driven platform markets: Why, when, and how?