Big Data, Privacy And Competition Law: Do Competition Authorities Know How To Do It?

By Alfonso Lamadrid & Sam Villiers –

According to Prof. Dan Ariely “Big data is like teenage sex; everyone talks about it, nobody really knows how to do it, everyone thinks everyone else is doing it, so everyone claims they are doing it.”Recent moves suggest an evolution in the thinking of competition authorities. Is competition law a hammer suitable for all sorts of nails including big data issues? It remains unclear whether there really are novel issues, whether the standard analytical framework remains perfectly applicable or whether competition law is keeping up with economic and societal changes. The welcome debate that has been triggered has given room to calls to change competition law, to widen its scope or to “refine” its goals.