Big Data, Web 'Scraping' and Competition Law

Big Data is a complex issue — different firms and individuals have different access to different sources of data, and those firms and individuals want to use that data in different ways.

This complexity means that the legality of some methods of culling and using Big Data remains unclear. But as Big Data's presence and importance to market success continues to grow, it will become increasingly necessary to consider its effect on antitrust analyses. As FTC Chairwoman Edith Ramirez explained in her Keynote Remarks at the Fordham Competition Law Institute's Annual Conference on International Antitrust Law and Policy in 2016, “[t]here is no question that the aggregation of data may have important implications for competition.” Edith Ramirez, “Keynote Remarks of 43rd Annual Conference on International Antitrust Law and Policy, Fordham Competition Law Institute: Deconstructing the Antitrust Implications of Big Data” (Sept. 22, 2016). And EU Competition Commissioner Margrethe Vestager has vowed to “ keep a close eye on how companies use data.” Margrethe Vestager, Speech: “EDPS-BEUC Conference on Big Data” (Sept. 29, 2016). Some antitrust enforcement action is beginning to back up these claims. In June, the European Commission hit Google with a record €2.4 billion fine for abusing its market dominance in Internet searches to illegally benefit its own shopping-comparison service. See, European Commission, “Antitrust: Commission Fines Google €2.42 Billion for Abusing Dominance As Search Engine By Giving Illegal Advantage to Own Comparison Shopping Service” (June 27, 2017).