This short paper will discuss the right to access and port data under EU Competition Law and EU sector-specific regulations. While general Competition Law is not readily available, stipulating a difficult test for the plaintiff, the EU Commission seems very keen on granting access and portability rights to data under newly enacted sector specific regulations, without any scrutiny in reference to the competitive effects of such rights. Indeed, to access and port data under these sector specific regulations are available to any comers. The paper concludes that enacting sector-specific regulations granting access to data without utilizing competition law principles may prove disastrous, and the Commission should rethink the aim of granting access to data to all and everyone.

By Björn Lundqvist1

 

I. INTRODUCTION

This short paper will discuss the right to access and port data under EU Competition Law and EU sector-specific regulations. While general Competition Law is not readily available, stipulating a difficult test for the plaintiff, the EU Commission seems very keen on granting access and portability right to data under newly enacted sector specific regulations, without any scrutiny in reference to the competitive effects of such rights. Indeed, to access and port data under these sector specific regulations are available to any comers. The paper concludes that enacting sector-specific regulations granting access to data without utilizing competition law principle

ACCESS TO THIS ARTICLE IS RESTRICTED TO SUBSCRIBERS

Please sign in or join us
to access premium content!