Experimentalist Competition Law Enforcement as a Complementary Data Sharing Toolkit: Learning from AGCM v. Google – Ostacoli alla Portabilità dei Dati
Experimentalist Competition Law Enforcement as a Complementary Data Sharing Toolkit: Learning from AGCM v. Google – Ostacoli alla Portabilità dei Dati

Summary/Abstract: Analysing the Italian case AGCM v. Google – Ostacoli alla portabilità dei dati,this paper scrutinises the “experimentalist architecture” of public competitionlaw enforcement in dealing with data sharing disputes. In AGCM v. Google, the experimentalist competition law enforcement aimed at ensuring and designing theright to data portability provided by Article 20 GDPR. The paper investigatesthe extent to which the conditions and distinctive features of the experimentalistarchitecture play a role in AGCM v. Google, which include: strategic uncertainty,polyarchic distribution of powers, high degree of discretion of local agents, dynamicaccountability, and the participation of all stakeholders in the design, review andupdating of cross-sectoral data sharing solutions. In conducting the analysis,the internal administrative dialogue between local actors within the nationalcompetition law enforcement process is examined. In addition, the paper exploresthe potential for an external administrative dialogue between national competitionlaw enforcement, implementation mechanisms, and regulatory revisions of the datasharing framework, involving local and EU actors.

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