mcel_master_working_paper_tollini_20189_pdf.pdf
(2.6 MB, PDF)
… will also be able to collect data. Businesses are increasingly developing alternative ways to collect data about its consumers, in particular what is their location, what they search for online, what they spend their money with and how and where they shop.13 In addition to the volume, the velocity at which data are generated, collected, processed and analyzed has also increased with technological enhancements.14 As a consequence, many companies are already able to make real-time or contemporaneous … 82 of the EC Treaty to abusive exclusionary conduct by dominant undertakings [2009] OJ C 45/7, paras 32 et seq. 2 5 Lastly, if a dominant company makes an arrangement under which it only sells the access to its dataset on the condition that the buyer also purchases another one of its products or services (tying) or if a company uses the data it has collected about a certain market on adjacent markets (cross-usage of data), this could potentially reduce competition and enhance the given … – or of third-party websites that have a Facebook ‘like’ button or a Facebook ‘login’ option.247 The German competition authority stated that users are generally unaware that their data can be collected and transmitted to Facebook even when they are visiting other websites and warned that this raises questions regarding the validity and effectiveness of users’ consent to Facebook’s data processing activities.248 Therefore, although the case is in essence a competition law case involving an alleged …