YEAR 2019 N.º 1

ISSN 2182-9845

Big Data and Antitrust Law

Carmen Herrero Suárez


Big Data; market power; algorythms; two-sided markets; privacy.


The technological revolution we have witnessed in recent years had led to the appearance of a new term within the framework of the digital economy: Big Data. The rise and consolidation of enterprises with major volumes of production based on business models that involve the gathering and processing of personal data has caused misgivings amongst the competition authorities, and has led to a conflict between defenders of the pro-competitive nature of Big Data and those who take a more sceptical view, who have warned of the possibility that these data policies may be used by companies as a tool for creating, consolidating, and extending their positions of power in the market.

Table of contents

1. The new data economy
1.1. The importance and value of data: what has changed?
1.2. The concept and characteristics of Big Data
1.3. The balance of positive and negative effects associated with Big Data
2. The phenomenon of big data from the perspective of antitrust law
2.1. A change of course by the competition authorities
2.2. Big data and market power
2.3. The application of anti-trust regulations: possible risks for competition
2.3.1. The adaptation of traditional instruments and privacy as an interest protected by competition law
2.3.2. Collusive practices
2.3.3. Control over concentrations between companies
2.3.4. Abuse of a dominant position
3. The uncertain path that lies ahead