| Abstract [eng] |
Big Data, Data Protection and Abuse of a Dominant Position: Problems Regarding the Interpretation and Application of Provisions of Competition Law in European Union and United States Global growth of the internet users leads to the increased extent of the collected data. On the one hand, a large scale of the data, which is being collected, is considered beneficial. On the other hand, recently a large number of academics and practitioners of competition law increasingly claim that collection, accumulation and use of data in certain cases can have adverse consequences in the light of competition law. Although active discussions on the subject matter have started earlier, on 2nd March 2016 investigation of the German competition authority has attracted much attention to the issue at hand. The mentioned authority initiated proceeding against “Facebook” regarding the alleged abuse of a dominant position that was caused by the infringement of data protection laws. This leads one to think about the conceptual issues of big data in the context of the application of competition law. Respectively, this Master Thesis consists of three main chapters. The first chapter is concerned with the reasons that lead to the absence of consensus regarding the question whether competition law is applicable for the collection, gathering or use of the data. Moreover, it provides the analysis of different positions in academic doctrine and relevant decisions of EU and US competition authorities. The second chapter contains the analysis of conceptual issues concerning applicability of provisions of competition law while assessing situations regarding the collection, gathering and use of data. First of all, issues related to the definition of relevant data market is assessed. Secondly, the analysis of issues regarding applicability of SSNIP (hypothetical monopolist) test for data based two-sided markets is provided. In addition, possible solutions of the mentioned issue are distinguished, discussed and critically evaluated. Thirdly, evaluation of the possibility of recognizing data as a barrier to entry is discussed. Moreover, main issues, possible solutions and critique of assessment of dominance in data based two-sided markets in the context of setting the market share threshold and the deliberate increase of price is discussed. Finally, the last chapter is concerned with most problematic situations of abuse of dominance in data based two-sided markets, i. e. price discrimination and refusal to supply. |
