Competition Policy and Data Sharing on Data-driven Markets: Steps Towards Legal Implementation

Research output: Book/ReportCommissioned report


The market power of big tech giants like Google, Facebook or Amazon is constantly growing. The ongoing trend towards monopolization in data-driven markets not only endangers competition, but also weakens economic innovative strength in the medium term. Politicians in Europe are largely in agreement that there is a need for action here, but there is no consensus on concrete solutions.

So far, most proposals have relied on conventional competition law instruments. But is it enough to meet the new challenges with the existing antitrust law alone, or do we need new, more innovative political approaches?

A recent proposal, which is receiving increasing attention both in Germany and at the European level, is the obligation to share data. If dominant companies were obliged to share the data they collect with other companies or public organizations, this would – so it is assumed – enable fair competition in digital markets. Ultimately, innovative power would also increase. In addition, the idea of ​​data as a “common good” that is produced and shared collectively could be brought to life.

The present study deals with central questions of the data sharing obligation and makes the concept tangible for politics and business. In addition, the author develops suggestions on how the concept can be implemented in legislative practice.
Original languageEnglish
Commissioning bodyFriedrich-Ebert-Stiftung
Publication statusPublished - 2020

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