Exchange of information in digital markets
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Pier Luigi PARCU, Maria Alessandra ROSSI and Marco BOTTA (eds), Research handbook on competition and technology, Cheltenham ; Northampton : Edward Elgar Publishing, 2025, Research handbooks in competition law, pp. 151-173
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ALBAEK, Svend, Exchange of information in digital markets, in Pier Luigi PARCU, Maria Alessandra ROSSI and Marco BOTTA (eds), Research handbook on competition and technology, Cheltenham ; Northampton : Edward Elgar Publishing, 2025, Research handbooks in competition law, pp. 151-173 - https://hdl.handle.net/1814/92747
Abstract
The chapter addresses exchanges of information in digital markets from the angle of Article 101 of the Treaty. It mainly focuses on the role of digital data, algorithms, and other aspects of digital markets in the Commission's newly revised Horizontal Agreements Guidelines. Whereas the word ‘digital’ did not appear in the old Guidelines from 2011, the new Guidelines have many references to the new digital market realities. They focus on collusive and foreclosure aspects of information exchange, as did the old Guidelines. However, this may not cover all possible anti-competitive aspects of information exchange in digital markets. Exchanges of data, whether directly among competitors or between data intermediaries and their clients, may also harm consumers through changes in what economists call ‘static equilibria’. Although the economic literature is not sufficiently advanced to deliver principles that could be translated into Guidelines, this may be an interesting policy area in the future.
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Published: 20 May 2025