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Part III Why Haven’t Many Competition Authorities Considered the Implications of Big Data?, 8 Data-Driven Mergers Often Fall Outside Competition Policy’s Conventional Categories

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, 2015. All Rights Reserved.date: 20 September 2020

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

One reason why competition agencies have not fully considered the implications of Big Data is that data-driven mergers can defy or challenge the agencies’ conventions that work well for other mergers. This chapter explores three conventions: the categorization of mergers, the belief that similar products/services compete more fiercely than dissimilar products/services, and the focus on the substitutability of services or products. It also examines how competition agencies categorize mergers as horizontal, vertical, and/or conglomerate. Regardless of the category, the ultimate assessment is the same, namely whether the merger may substantially reduce competition or create a monopoly (or monopsony). But the analytical framework differs depending on whether it is a horizontal, vertical, or conglomerate merger.

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