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Part II The Competition Authorities’ Mixed Record in Recognizing Data’s Importance and the Implications of a Few Firms’ Unparalleled System of Harvesting and Monetizing their Data Trove, 6 The US’s and EU’s Mixed Record in Assessing Data-Driven Mergers

Maurice E. Stucke, Allen P. Grunes

From: Big Data and Competition Policy

Maurice Stucke, Allen Grunes

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 01 March 2021

Market power — Rights — Internet — Technology — National merger control

This chapter examines the recent track record of EU and US competition authorities in assessing data-driven mergers to determine whether, and to what extent, competition agencies’ analysis has improved. The assessment of several recent investigations reveals how some agencies—notably the European Commission and US Department of Justice—are at least starting to engage with or address the issue of Big Data. However, there are still missing key issues. The chapter discusses these issues by describing and analysing six recent data-driven mergers and the response of competition authorities: TomTom/TeleAtlas, Facebook/WhatsApp, Alliance Data Systems Corp/Conversant, Google/Nest Labs and Google/Dropcam, Google/Waze, and the Bazaarvoice/PowerReviews merger. These data-driven mergers highlight the enforcers’ hits and misses in understanding the implications of Big Data.

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