Data, Digital Markets and Refusal to Supply
There are demanding legal criteria which must be met in order for a refusal to supply by a dominant company to be a competition law infringement. Yet these criteria were largely developed some time ago.
Are these criteria still appropriate in the context of digital markets?
This economics discussion paper discusses how the criteria may apply when data, held by a dominant company, is the key resource to which competitors seek access. Data has been identified as a key component of competitive advantage in digital markets.