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Concurrence

Data portability, interoperability and competition

 

 9 June 2021  Zoom

Data portability has been identified as a procompetitive measure to empower consumers to choose among competing providers. Specifically, data portability could theoretically reduce the switching costs consumers face, for example if they must reproduce all of the information and content inputted into a digital content platform whenever they switch providers. If consumers are able to bring their data with them, new firm entry and thus greater contestability could be possible. Data portability can also enable comparison services in markets with complex pricing structures.

Interoperability, on the other hand, can promote competition by allowing different systems to communicate with one another. This can include standards that enable real-time data sharing across services (e.g. cross-posting social media content on multiple platforms), and those that enable the combination of functionalities (e.g. having a single account log-in across multiple different online services). Interoperability can make multi-homing easier by allowing consumers to use multiple competing or complementary services through a single access point. This could ensure network effects are preserved while potentially addressing barriers to entry and promoting competition in a market.

In June 2021, the OECD held a discussion exploring the numerous challenges involved in the implementation of both data portability and interoperability measures. The discussion tried to tackle, first, the question of whether these measures are in fact effective in promoting competition – particularly if they are designed with other objectives in mind, such as data protection. Second, the discussion explored different mechanisms for implementing these measures, whether through competition enforcement, merger reviews, or ex ante regulation. Third, the legal, technical and practical challenges associated with implementing these measures.

All related documentation is available on this page.

» Read the OECD Background Note

» See full list of best practice roundtables on competition 

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Invited speakers

Michal Gal Bio 

Professor and Director of the Forum on Law and Markets, Haifa University

Inge Graef Bio

Associate Professor of Competition Law, Tilburg University

Emily Hart Bio   

Chief Operating Officer, MotionMobs

Jan Krämer Bio  

Professor of Information Systems and Chair of Internet and Telecommunications Business, University of Passau, and Academic Co-Director at the Centre on Regulation in Europe

Peter Swire Bio  

Professor of Law and Ethics, Georgia Tech Scheller College of Business and Associate Director for Policy of the Georgia Tech Institute for Information Security and Privacy 

 

Documents

data-portability-interoperability-2021-note-cover

OECD Background Note

Article by Michal Gal 

 

Contributions from delegations

Israel

Brazil

India

Romania

Russian Federation

BIAC 

TUAC  

Summaries of contributions

Videos

Emily Hart shares how interoperability and portability measures might affect start-ups

 

Inge Graef explains how data portability regulations should be designed to promote competition

 

Jan Krämer on how data portability can affect competition

 

Michal Gal describes the role of data portability and interoperability in antitrust enforcement

See also

 

 

 
Related best practice roundtables

Abuse of dominance in digital markets (2020)

Competition economics of digital ecosystems (2021)

Consumer data rights and competition (2020)

Conglomerate effects of mergers (2020)

Big data: bringing competition policy to the digital era (2016)

See also

FTC Workshop on Data Portability: Materials, Summary

Going Digital Project

Data governance: Enhancing access to and sharing of data

OECD best practice roundtables on competition

More OECD work on competition

 

Documents connexes

 

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