The Roles of Innovation in Competition Law Analysis
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The Roles of Innovation in Competition Law Analysis

Edited by Paul Nihoul and Pieter Van Cleynenbreugel

Rapid technological innovations have challenged the conventional application of antitrust and competition law across the globe. Acknowledging these challenges, this original work analyses the roles of innovation in competition law analysis and reflects on how competition and antitrust law can be refined and tailored to innovation.
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Chapter 7: Competition policy and the development of big data and artificial intelligence

Shuya Hayashi, Kunlin Wu and Benjawan Tangsatapornpan


Information distributed and processed on information and communication technology (ICT) networks continues to expand and diversify as a result of the evolution and widespread use of mobile devices and the progress of Internet of Things (IoT) technologies – a robust network of devices embedded with electronics, software and sensors that enable them to exchange and analyse data. In light of the quantitative and qualitative expansion of information use, many advanced research projects have been undertaken for the purpose of understanding how to extract the value of data with big data analytics and artificial intelligence (AI)-based technologies. The advancement of AI networks however creates new problems from a competition law point of view relating directly to the large data concentration and retention possibilities that AI networks generate. The purpose of this chapter is to address how AI network developments and innovations are likely to run into competition law concerns including the nature of the pressure created by the data collection potential of AI networks, the manner in which the AI network and competition ecosystem interact with each other in their development process and whether this interaction leads to competition law concerns. The chapter concludes with proposals for possible strategies.

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