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ARTICLE · 14 FEBRUARY 2019

Are Big Data And Algorithms Next On The European Commission's Competition Agenda?

The more intriguing concern lies with tacit collusion.

European UnionAntitrust/Competition Law

Margrethe Vestager has made it clear that the European Commission is looking into potential competition issues arising from big data. Whether tech giants and other big data collectors should brace themselves for the next big showdown with the EU's competition regulator remains to be seen. However, it is never too early to consider precisely what the competition issues are surrounding big data.

Existing commentary and national enquiries point to two principal activities as being subject to antitrust investigation. These are the algorithmic processing of big data and the collection of data that may create or enhance dominance and raise barriers to entry.

The algorithmic processing of data inevitably finds itself at the epicentre of a competition law discussion. In their book titled Virtual Competition, Professors Ezrachi and Stucke foresee the "end of competition as we know it" as a result of the increasing use of algorithms on markets. Competition concerns over

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