Big Data and Innovation

Old ways of thinking about competition, devised in the era of oil, look outdated in what has come to be called the ‘data economy.’ A new approach is needed.”3 In brief, the Bureau believes that the emergence of firms that control and exploit data can raise new challenges for competition law enforcement but does not, in and of itself, necessitate an immediate cause for concern. [...] The extent to which those issues are prominent varies as a function of the particularities of each case and the nature of competition analysis—not whether the case involves big data. [...] That statement is consistent with the Bureau’s position on market share and concentration as articulated in the MEGs.8 o Relatedly, the MEGs note that “Market definition is not necessarily the initial step, or a required step, but generally is undertaken.”9 The logic underlying that statement applies equally to big data as to non-big data cases—particularly in cases where the probative value of th [...] Thus, big data does not alter the core elements of a cartel case: there must be an agreement or “meeting of the minds” among competitors to fix or control prices or production or allocate markets; despite the increasing sophistication of the tools, the offence remains rooted in the agreement to do the prohibited conduct itself. [...] Commentators agreed that the Bureau’s current deceptive marketing provisions can be applied to cases involving big data.17 It is useful to distinguish between deceptive marketing issues that are related to the collection of data, and those that are related to the use of data: • Collecting data through deceptive means: Advances in technology are allowing firms to collect large amounts of data from