Data in EU Merger Control

By Miranda Cole – 

Much has been said (and written) about “big data” as a new factor in European merger review. This focus of course begs the questions: “is this new”? A number of cases over the last 20 years in which data played a crucial role. However, increasing volumes and diversity of data collected, and increasing sophistication of the analysis of such data, have led to increased scrutiny. That said, the Commission has applied a consistent approach to reviewing data as an “input” for many years, The only really new development is its consideration of whether the use of da…

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