Big data: New challenges for competition law

Abstract

In this article, we explain how big data presents new challenges beyond the protecting of privacy. Specifically, we discuss how it can affect competition in the markets, by facilitating certain anti-competitive behaviors. To introduce the subject, the article begins by mentioning the concept and usefulness of big data. Then, the article refers to how it can contribute to the formation of barriers to entry or can be a source of abuse of market power. The article continues delving into the importance of analyzing whether big data is a relevant asset in concentration operations, especially in the case of killing acquisitions, both in digital markets and in industry in general. When dealing with concentration operations, the article refers to the change on the burden of proof and thresholds in preventive mergers. Finally, the possibility that big data may be a col lusion facilitator is addressed, allowing behaviors such as pricing algorithms, through algorithms that can learn to collude.