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Access to big data under the "refusal to supply" case-law of the Court of Justice of the EU
Ochodek, Tomáš ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Access to big data under the "refusal to supply" case-law of the Court of Justice of the EU Abstract This thesis deals with the topic of access to the so-called big data from the perspective of EU competition law. The thesis deals with the question whether and if so, to what extent it is possible to use the so-called "refusal to supply" case-law created by the Court of Justice of the EU to gain access to big data held by a dominant undertaking. The thesis finds that, under certain conditions, it is possible for all necessary steps to be fulfilled to allow one undertaking to request access from a dominant undertaking to big data under the control of that undertaking. This thesis therefore firstly discusses what factors affect the so-called online platforms, which can often find themselves in the position of dominant undertakings in terms of access to big data. The thesis analyses the effects of the so-called network effects, the impact of data analysis on their efficiency and the issue of the so-called multi-sided markets in connection with the position of online platforms. Subsequently, an assessment of the individual steps which, in summary, lead to the classification of the behavior of a dominant undertaking as an abuse of its dominant position by refusing access to big data is conducted. From the point...
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