Experimental Competition Enforcement: A Complementary Data Sharing Toolkit

Emanuele Fazio (Sant'Anna School of Advanced Studies)


Analysing the recent Italian case AGCM v. Google - Ostacoli alla portabilità dei dati, this paper scrutinises the “experimentalist architecture” of public competition enforcement in dealing with data sharing disputes. In AGCM v. Google, the experimental competition enforcement aimed at ensuring and designing the right to data portability provided by Article 20 GDPR. The paper investigates the extent to which the distinctive characteristics of the experimentalist architecture, namely the high degree of discretion of local agents, strategic uncertainty, polyarchic distribution of powers, dynamic accountability, and participation of all stakeholders in the design, review and updating of cross-sectoral data sharing solutions, play a role in AGCM v. Google. In conducting the analysis, the internal dialogue between the stakeholders within competition enforcement is examined. In addition to this, the potential for an external dialogue between competition enforcement and implementation mechanisms of data regulations is explored.

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