Unbundling Competition: EP11 - The role of data in merger control analysis

Asia Head of Competition Adelaide Luke and Tokyo senior associate Joel Rheuben discuss the increasingly significant role that data plays in merger control analysis by competition authorities worldwide. Analysis of data as a factor of competition is being examined not only in deals involving large digital platforms, but also in more traditional sectors, as companies seek to monetise data they produce and use data analytics to gain an edge over their competitors. However, the unique characteristics of data create challenges when considering it through a conventional competition law lens.