Big Data: Competition Policy and Law (LAWS90166)

Big Data is a big deal in today’s digital data-driven economy. Together with Big Analytics, it is increasingly central to strategic decision-making as companies strive for a 'data advantage' over rivals. Data-driven mergers are on the rise and there are growing risks of algorithmic coordination with anti-competitive effects. Data-based business strategies have significant implications for competition policy and law. Competition authorities around the world are grappling with big questions regarding data in defining markets and assessing market power. Close attention is being paid to questions concerning the collection and use of data in the settings of merger review and abuse of dominance and cartel investigations. At the same time, the intersection between competition, consumer protection and privacy is raising important institutional questions for the allocation and coordination of policy, regulatory and legal responses.

This subject will explore global developments in this complex and fast-moving field. Drawing on the latest literature and major cases and inquiries, it will equip students to critically engage with and meet the challenges posed for business and its advisors and for policymakers, regulators and law enforcers in the Big Data era.

Principal topics will include:

• Defining Big Data
• Debating the competitive significance of Big Data
• Competition law tools in the era of Big Data
• Big Data and merger review
• Big Data and abuse of dominance
• Big Data and collusion
• Regulating Big Data