Is big data a big deal? A competition law approach to big data

Author (Person) , ,
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Series Details Volume 13, Number 2-3, Pages 199-227
Publication Date June 2017
ISSN 1744-1056
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In this paper, the authors propose a framework to determine the competitive significance of data. The framework first considers whether the parties own or control the relevant data. The second consideration is whether the relevant data is commercially available as a product or as an input for products of downstream competitors. The third consideration is whether the relevant data is proprietary to the owner’s or controller’s products or services and a competitively critical input. The last consideration is whether reasonably available substitutes for the relevant data exist or whether the data is unique.

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