A necessidade de uma nova aplicação das normas antitruste frente às ameaças decorrentes da economia movida a dados

Abstract

This research deals with the need to adapt the application of antitrust rules to a market that has undergone changes and which, today, if not properly regulated, may present threats to competition law due to aspects of the data-driven economy. It aims to analyze the impacts of the data-driven economy, addressing the changes that have taken place in terms of market relations and whether they have had an impact on competition law, resulting in a new application of antitrust rules to ensure competitive balance. To this end, it reflects on the historical transformations of the digital environment and how the 4th industrial revolution impacted society, reflecting on the new problems brought about by technologies such as Big Data and how the concentration of data in a few economic agents has been harmful to the Marketplace. The research has an exploratory and explanatory character, which will be elucidated through bibliographic research and analysis of legislation. Thus, the topic was approached by the hypothetical-deductive scientific method. The research raises the problem of whether antitrust rules are still subject to an assertive application, raising the hypothesis that they need a new guise in their application. As a result, it proves that the methods currently applied are not sufficient to guarantee fair competition and needs legislative restructuring, and compliance with the General Data Protection Law can be used as a palliative measure for these impacts in the short term.