By: Elettra Bietti (ProMarket)
Although talk of data in competition and antitrust policy is ubiquitous, very few in competition and antitrust circles have asked the question: what actually is “data”? One might define data as an a-contextual set of 1s and 0s, a material “thing” or “object” that exists “out there” in a fixed material form. Yet in practice data acquires social, legal, and economic value in particular contexts. Data acquires the shape, functions and purposes that are projected onto it by those who collect, store, process, organize, and use it. Data is more often than not the by-product of an infrastructural process of production and accumulation designed with particular ends in mind.
Taking data’s context-dependence seriously complicates the analysis of data’s value in digital markets and its role in competition policy. If data isn’t a mere “thing” that can be exchanged, shared, moved, ported, and anonymized, but is something whose value is context-dependent and partial, then how to develop a pro-competitive understanding of the phenomenon we call “data”? I haven’t seen this important question treated so far. Let’s leave it aside for a moment and turn to what antitrust agencies and regulators are currently saying and doing about data…
Featured News
Big Tech Braces for Potential Changes Under a Second Trump Presidency
Nov 6, 2024 by
CPI
Trump’s Potential Shift in US Antitrust Policy Raises Questions for Big Tech and Mergers
Nov 6, 2024 by
CPI
EU Set to Fine Apple in First Major Enforcement of Digital Markets Act
Nov 5, 2024 by
CPI
Six Indicted in Federal Bid-Rigging Schemes Involving Government IT Contracts
Nov 5, 2024 by
CPI
Ireland Secures First €3 Billion Apple Tax Payment, Boosting Exchequer Funds
Nov 5, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Remedies Revisited
Oct 30, 2024 by
CPI
Fixing the Fix: Updating Policy on Merger Remedies
Oct 30, 2024 by
CPI
Methodology Matters: The 2017 FTC Remedies Study
Oct 30, 2024 by
CPI
U.S. v. AT&T: Five Lessons for Vertical Merger Enforcement
Oct 30, 2024 by
CPI
The Search for Antitrust Remedies in Tech Leads Beyond Antitrust
Oct 30, 2024 by
CPI