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Free online platforms: Abuse of dominance under Art. 102

Thorsson, Ingolfur Urban LU (2020) JAEM01 20201
Department of Law
Faculty of Law
Abstract
Data as a commodity is undervalued for its economic value. Moreover, the concept is difficult to define from the perspective of EU competition law. Increasingly, companies are relying on consumer data to streamline and modernize their business models and provide faster, more efficient and even cheaper services in some cases. In this thesis the role of data in digital markets will be assessed through the lens of EU competition law. However, the main subject of this thesis is assessing the applicability of Art. 102 of the Treaty of the functioning of the European Union with regards to free online platforms that rely on data as the driving force of their business model.
The assessment of the data gathering of free online platforms in the... (More)
Data as a commodity is undervalued for its economic value. Moreover, the concept is difficult to define from the perspective of EU competition law. Increasingly, companies are relying on consumer data to streamline and modernize their business models and provide faster, more efficient and even cheaper services in some cases. In this thesis the role of data in digital markets will be assessed through the lens of EU competition law. However, the main subject of this thesis is assessing the applicability of Art. 102 of the Treaty of the functioning of the European Union with regards to free online platforms that rely on data as the driving force of their business model.
The assessment of the data gathering of free online platforms in the light of Article 102 is explored in depth regarding data exploitation of users on the one hand and the exclusionary abuse of its competitors on the other hand. In particular, the theory of harm is assessed in contrast to these new business models and these new types of abuses. Furthermore, relevant caselaw is discussed.
The findings include that data gathering of free online platforms can constitute both exploitative and exclusionary abuse of dominance according to Art. 102 but the need for modifications to the theory of harm is essential. Additionally there is reason to make regulatory changes in other areas of law such as data protection laws in order for the competition law and data protection law to complement each other and to limit legal uncertainty that currently is rampant in this discussion. (Less)
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author
Thorsson, Ingolfur Urban LU
supervisor
organization
course
JAEM01 20201
year
type
H1 - Master's Degree (One Year)
subject
keywords
Online platforms Competition law European Business Law Abuse of dominance Art. 102 TFEU Digital markets Theory of harm
language
English
id
9017169
date added to LUP
2020-06-12 17:49:19
date last changed
2020-06-12 17:49:19
@misc{9017169,
  abstract     = {{Data as a commodity is undervalued for its economic value. Moreover, the concept is difficult to define from the perspective of EU competition law. Increasingly, companies are relying on consumer data to streamline and modernize their business models and provide faster, more efficient and even cheaper services in some cases. In this thesis the role of data in digital markets will be assessed through the lens of EU competition law. However, the main subject of this thesis is assessing the applicability of Art. 102 of the Treaty of the functioning of the European Union with regards to free online platforms that rely on data as the driving force of their business model.
The assessment of the data gathering of free online platforms in the light of Article 102 is explored in depth regarding data exploitation of users on the one hand and the exclusionary abuse of its competitors on the other hand. In particular, the theory of harm is assessed in contrast to these new business models and these new types of abuses. Furthermore, relevant caselaw is discussed.
The findings include that data gathering of free online platforms can constitute both exploitative and exclusionary abuse of dominance according to Art. 102 but the need for modifications to the theory of harm is essential. Additionally there is reason to make regulatory changes in other areas of law such as data protection laws in order for the competition law and data protection law to complement each other and to limit legal uncertainty that currently is rampant in this discussion.}},
  author       = {{Thorsson, Ingolfur Urban}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Free online platforms: Abuse of dominance under Art. 102}},
  year         = {{2020}},
}