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"Information in digital markets" [2020] ELECD 325; in Maihaniemi, Beata (ed), "Competition Law and Big Data" (Edward Elgar Publishing, 2020) 34

Book Title: Competition Law and Big Data

Editor(s): Mäihäniemi, Beata

Publisher: Edward Elgar Publishing

Section: Chapter 3

Section Title: Information in digital markets

Number of pages: 24

Abstract/Description:

This chapter attempts to identify the characteristics of information, such as being cumulative or easy to duplicate, which lead to the ability to create an increasing amount of information from already existing information. It evaluates the fact that Google, Facebook or Amazon base their business models on gathering large amounts of big data, which is provided for ‘free’, although users pay for the service with their data – often consciously, sometimes not knowing about the gathering of their information from particular sources. Moreover, the chapter stresses that the distinction between seeing information as commons or commodity may be useful for competition law purposes. It also introduces recent cases on big data, such as the Bundeskartellamt investigations into Facebook’s behaviour (and the corresponding decision of the Higher Regional Court of Düsseldorf suspending this decision) where Facebook gathers users’ data without their knowledge regarding which third-party websites they visit; or initial investigations into Amazon on their gathering of rivals’ business information.