As potential antitrust issues related to big data and big tech gain more attention, the UK Competition and Markets Authority (CMA) has expressed concern that major platforms such as Google are protected from competition by incumbency advantages, due, in part, to their control over substantial amounts of data. In “Access to big data as a remedy in big tech,” published in the Competition Law Journal, Analysis Group Vice Presidents Joshua White and Nick Dadson and Manager Iain Snoddy examine whether Google’s ability to control access to its click-and-query data is a barrier to effective competition. Click-and-query data contain information on what users search for and how they interact with the search engine results.
In the article, the authors discuss criteria from EU jurisprudence for determining whether data are an essential facility; actual and potential alternatives to Google’s data that are available to competitors; and objective reasons Google might limit access to its data, including privacy concerns. Ultimately, the authors conclude that Google Search click-and-query data are unlikely to be an essential facility, detailing both reasonable alternatives and obstacles to direct access.
Associated People
Joshua White
Mr. White is a consulting economist who specializes in applying microeconomics and sophisticated econometric modeling to complex litigation and merger-related questions, primarily in matters involving the health care, financial services, and technology industries. His work across a diverse set of engagements has encompassed simulating consumer demand and switching behavior, analyzing whether intellectual property (IP) licensing rates are FRAND-compliant, and estimating ex ante default probabilities for structured investment vehicles. He also has substantial experience developing innovative technological tools for analyzing datasets for merger and competition analyses.
Mr. White has supported both economic and scientific experts addressing competition and intellectual property (IP) issues in matters related to cutting-edge pharmaceutical products. He has supported clients in various jurisdictions and industries in follow-on cartel damages litigation, assessing overcharge, upstream and downstream pass-on, and volume effects.
Mr. White has worked in a number of international jurisdictions and has served as a testifying expert in the UK’s Upper Tribunal (Lands Chamber) on competition matters related to restrictive land covenants. He has also given evidence and submissions to the UK’s Competition and Markets Authority (CMA) on behalf of clients involved in market investigations and mergers. Mr. White has supported several clients before the European Commission on cartel and merger matters and has provided support to European financial and competition regulators in coordinated conduct investigations. Mr. White has published a number of articles and regularly speaks at international competition law and policy conferences.