Abstract

As we move towards a «data economy», the search for a set of coherent legal principles guiding us towards a clear and workable definition of access and data transfer rights continues. From a policy standpoint, European lawmakers seem determined to establish a legal framework not only aimed at identifying and correcting potential market failures, but also capable of combining the creation of opportunities for innovation based on the use of data – through ex ante regulation – with ex post control over competitive dynamics. The rise of digital platforms and concerns over the impact these might have on competitive dynamics have, however, led to a climax where the co-existence of different regulations could lead to fragmented and divergent outcomes. Reminding the need for caution when shifting towards increasingly stringent remedies that could significantly impact companies’ business and investment choices