Why would anyone need my data? An analysis of the Opinion of the French Competition Authority on the use of data in online advertising Cover Image

Po co komu moje dane? Omówienie opinii francuskiego organu ds. konkurencji dotyczącej wykorzystania danych w sektorze reklamy internetowej
Why would anyone need my data? An analysis of the Opinion of the French Competition Authority on the use of data in online advertising

Author(s): Natalia Hartung
Subject(s): Business Economy / Management, Commercial Law
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: art. 101 i 102 TFEU; merger control; sector inquiry; online advertising; data; opinion of the Competition Authority; multi-sided markets; Google; Facebook; digital economy

Summary/Abstract: This article discusses the Opinion of the French Competition Authority on the use of data in online advertising. The first part of the article describes the functioning of the market of online advertising, including programmatic advertising, the importance of data and internet users, as well as the position of key market participants, namely Google and Facebook. The second part discusses the preliminary competition law analysis of the online advertising market. The Authority considered the following relevant markets: services for internet users, social network advertising, Display advertising, Search advertising, intermediation services and data analysis services. The French Competition Authority then described certain problematic practices occurring on these markets, for example tying, predatory pricing, exclusivities, leveraging, and the obstruction to interoperability and discrimination. The final part of the article addresses topics that were not subject to an in-depth analysis in the Opinion, that is, the two-sided nature of the online advertising market and whether data can be regarded as a new currency in the digital economy.

  • Issue Year: 7/2018
  • Issue No: 8
  • Page Range: 117-138
  • Page Count: 22
  • Language: Polish
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