Research Handbook in Data Science and Law
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Research Handbook in Data Science and Law

Edited by Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee

The use of data in society has seen an exponential growth in recent years. Data science, the field of research concerned with understanding and analyzing data, aims to find ways to operationalize data so that it can be beneficially used in society, for example in health applications, urban governance or smart household devices. The legal questions that accompany the rise of new, data-driven technologies however are underexplored. This book is the first volume that seeks to map the legal implications of the emergence of data science. It discusses the possibilities and limitations imposed by the current legal framework, considers whether regulation is needed to respond to problems raised by data science, and which ethical problems occur in relation to the use of data. It also considers the emergence of Data Science and Law as a new legal discipline.
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Chapter 9: Data and competition law

Rupprecht Podszun and Stephan Kreifels

Abstract

With data as an important parameter for success in markets, issues of the data economy become relevant for competition law. This field of the law traditionally deals with the functioning of market mechanisms and power of individual firms. Competition authorities and courts have to adapt to paradigm shifts in many areas: the value of data can hardly be monetized. Markets in the digital economy are often multi-sided and shaped by strong network effects. Powerful platform operators may control access for customers. Access to data may become a market-entry barrier. Finally, the use of data to feed algorithms and AI may even change competition as such. We examine the data economy from a competition law perspective and present the relevant theories of harm by means of a sample of leading cases, mainly of European courts and competition authorities. Finally, we touch upon first regulatory responses and related questions.

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