I was recently a guest on the Data Navigator podcast, which takes a closer look at the Data Act from a variety of competition law perspectives. The episode is hosted by Dr. Martin Schirmbacher (Härting) and Dr. Hubertus von Roenne (Upgrade).
The title of the episode is: “Does Competition Law Undermine the Data Act?”
My general answer to that question: “No — but competition law still matters here!”
I was pleased to share my views on this important topic. The discussion was prompted by recent questions about the legal permissibility of coordination between untertakings under the new data-sharing framework of the Data Act. Key topics include:
- the pro-competitive intention behind the Data Act,
- mandatory provisions on data access and data sharing,
- standardisation and format requirements,
- cooperation structures, joint ventures, and purchasing alliances,
- abuse of market power,
- and the role of future guidance.
The episode concludes with the important observation that cross-company coordination is not generally prohibited — in fact, in many cases it may be desirable or even necessary.
Enterprises should therefore engage in cooperation with a clear view to competition law compliance.
