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IIC - International Review of Intellectual Property and Competition Law
Article . 2019 . Peer-reviewed
License: Springer TDM
Data sources: Crossref
SSRN Electronic Journal
Article . 2019 . Peer-reviewed
Data sources: Crossref
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Economic Dependence and Data Access

Authors: Tombal, Thomas; id_orcid 0000-0003-2754-3796;

Economic Dependence and Data Access

Abstract

Traditionally, according to EU competition law, if an undertaking holding a dominant position refuses to grant access to its data to another undertaking, this could potentially lead to an abuse precluded by Art. 102 TFEU. However, the scope of this provision is limited as it only applies to dominant undertakings. Yet, powerful data holders that do not benefit from such a dominant position might start refusing to provide access to their data to undertakings with limited bargaining power. This is notably illustrated by two cases in the USA, namely PeopleBrowsr v. Twitter and hiQ v. LinkedIn. These two cases raise the question of whether the concept of abuse of economic dependence could prove to be a valuable alternative in order to deal with refusals, by non-dominant undertakings, to provide access to data to undertakings with a weaker bargaining power. In this article, the rationale for data access and sharing in light of the data’s characteristics will first be briefly outlined. Then, the conditions of the abuse of economic dependence will be identified by relying on Belgian, German and French law. On these grounds, the article will question whether a refusal to provide access to data could qualify as an abuse of economic dependence.

Country
Belgium
Related Organizations
Keywords

Relative market power, Data sharing economy, Economic dependence, Data access

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    selected citations
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    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    19
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Top 10%
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
19
Top 10%
Top 10%
Top 10%
Green
bronze
Fields of Science
Fields of Science
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