The following Competition practice note Produced in partnership with Norton Rose Fulbright LLP provides comprehensive and up to date legal information covering:
ARCHIVED–this archived practice note provides information on EU competition law and big data and algorithms and reflects the position at the date of publication (11 November 2017). It is not maintained.
With the growing importance of ‘big data’ for a wide range of purposes across many industries, authorities, academics and practitioners have devoted increasing attention in recent years to the antitrust implications for antitrust policy and enforcement of big data and the use of algorithms to process them. In September 2016, EU Competition Commissioner Margrethe Vestager promised to ‘keep a close eye on how companies use data’, and a number of European competition authorities have recently conducted, or in some cases are still conducting, studies on big data issues.
Authorities and commentators have raised two main types of concern: first, that the use of algorithms processing big data may play a role in restrictive agreements, decisions or concerted practices or otherwise facilitate collusion and second, that the collection of big datasets that are valuable, unique and non-replicable may create barriers to entry and market power for the data holder. Concerns about the role of algorithms in restrictive agreements, decisions and concerted practices can be addressed under Article 101 TFEU, but questions have also been raised about whether the use of algorithms facilitates tacit collusion not caught by Article 101 TFEU. The second set of
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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