Data Pooling Agreement

In the meantime, this survey should be one of the reasons why other data-controlled companies currently have comparable exchanges of information to verify their self-assessments. However, it may also have an impact on more traditional information exchange systems (e.g. B benchmarking and R & D cooperation), with possible changes to ensure compliance with competition law. In the age of the Internet of Things, devices will monitor and collect data, while device companies will store, distribute, analyze, and reuse data at scale. Much of the data analysis is used to enable companies to understand and leverage the data collected. The infrastructure around the collected data is controlled and access to the data flow is therefore limited for technical reasons, but also for legal reasons. Legally, the data behind a thicket of property rights, including intellectual property rights, is concealed. Therefore, there is no general “commons of data” that everyone can benefit from. If companies want to combine the data, they must grant each other access by sharing, acting, or ad bundlying the data. On the one hand, industry-wide data sharing could improve the efficiency of some services and contribute to the innovation of other services, for example.

B think of self-driving cars or personalized medicine. On the other hand, companies that combine commercial data cannot use the data to advance their services or products, but to enter into agreements, exclude competitors or abuse their market position. By bringing their data together in the same pool, they can acquire market power and, therefore, the possibility of infringing competition law. We also see companies that store data from different sources and create de facto data pools. This article examines the impact that the combination of data in data pools by companies could have on competition and the date of application of competition law. He develops the idea that data pools offer great opportunities, but recognizes that there are still risks that need to be considered and regulated. On 14 May 2019, the European Commission (“the Commission”) announced that it had opened a formal anti-dominant investigation against Insurance Ireland, an association of insurance undertakings operating in Ireland (“investigation”). The association maintains a database (Insurance Link) in which its member companies were constantly availing themselves of insurance rights. .