Jurisdiction(s):
United Kingdom

Key definition

authorities definition

What does authorities mean? Authorities are the legal sources a lawyer relies on to justify a proposition of law in submissions, skeleton arguments and judgments. The term is descriptive and widely used across England & Wales, Scotland, Northern Ireland and Ireland, rather than being defined by statute. Authorities typically include: primary legislation and subordinate legislation; binding appellate case law within the relevant jurisdiction; and, as persuasive material, decisions from other UK or foreign courts, tribunal rulings, EU and ECHR jurisprudence where applicable, and reputable academic commentary. In Scotland, the writings of the institutional writers (e.g. Stair, Erskine, Bell) may carry particular weight. Textbooks and...

EU competition law on big data and algorithms: Article 101/102 issues, collusion risks, dominance abuses and merger control (Archived 11 November 2017)

Published by a LexisNexis Competition expert

Practice notes

ARCHIVED –

This archived practice note sets out information on EU competition law as it relates to big data and algorithms, reflecting the state of play at publication on 11 November 2017 and the position applicable. It is not maintained. As ‘big data’ becomes increasingly pivotal for uses across sectors, authorities, academics and practitioners have, in recent years, intensified their scrutiny of the Antitrust consequences for policy and Enforcement arising from big data and the algorithms used to analyse it. In September 2016, EU Competition Commissioner Margrethe Vestager pledged to ‘keep a close eye on how companies use data’, and several European competition authorities have undertaken, or in some instances continue to undertake, inquiries and studies on big data matters within jurisdictions. Two principal categories of concern have been highlighted by authorities and commentators:

the deployment of algorithms processing big data may contribute to restrictive agreements, decisions or concerted practices, or otherwise enable collusion;
the accumulation of large datasets that are valuable, unique and not readily replicable may create Barriers to entry and confer market power on the data holder.

Concerns about the role of algorithms in restrictive agreements, decisions and concerted practices can be addressed under Article 101 TFEU...

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