Data- and algorithm-driven economy: issues for competition?

In this chapter, issues related to competition that may arise in the data economy are analysed. A critical assessment is provided as regards the so-called “algorithmic collusion”. Instead of the speculations on the latter, the chapter analyses current legal norms of EU competition law, i.e. Article 101 TFEU and Article 102 TFEU, and the relevant case-law of the ECJ with the focus on pricing algorithms. Furthermore, based on the argument that it is often competition for data traffic that takes place, this chapter delves into the assessment of vertical restraints in selective distribution systems and of the restrictions on the so-called screen-scraping. Finally, it elaborates on the IMS Health case (thus, the application of Article 102 TFEU), yet, not in terms of a compulsory licensing scheme (the “exceptional circumstances” test), but rather from the angle of unfair competition. Finally, this chapter analyses whether there is any room for regulation, particularly bearing in mind Schumpeterian competition that has possibly been taking place for emerging AI markets.