Regulating Competition and Property in the Digital Economy – The Interface Between Data, Privacy, Intellectual Property, Fairness and Competition Law

By Bjorn Lundqvist
Stockholm University – Faculty of Law

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Date Written: January 17, 2018

Abstract
In the Internet of Things access to Data regarding customers, markets and the industry as a whole will make the difference in reference to whether regular brick-and-mortar firms can compete successfully or whether they would fall foul of competition. These firms will often provide their Data to a Cloud. However, access to the Cloud on fair business terms and the possibility to Changes Cloud service provider seem to be increasingly difficult, especially for the brick-and-mortar firms, that soon will be connected to the Internet of Things. Indeed, the Cloud providers are increasingly controlling not only their own Data, but also the Data provided by firms that purchase Cloud services. This article identifies and addresses these issues, and discusses whether Competition Law can address them or whether there is a need for legislative measures, so that brick-and-mortar firms may access and make use of all the possibilities that the Internet of Things harbours. More specifically, the article addresses whether brick-and-mortar firms should have some kind of right to port Data vis-a-vis Cloud providers so to address their needs, and also so to increase competition and rivalry? In the end the author suggests that Competition Law can suffice as an effective tool in the Digital Economy if the special consequences of network effects and tipping are taken into consideration in the Competition Law analysis.

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