Data portability has been identified as a procompetitive measure to empower consumers to choose among competing providers. Specifically, data portability could theoretically reduce the switching costs consumers face, for example if they must reproduce all of the information and content inputted into a digital content platform whenever they switch providers. If consumers are able to bring their data with them, new firm entry and thus greater contestability could be possible. Data portability can also enable comparison services in markets with complex pricing structures.
Interoperability, on the other hand, can promote competition by allowing different systems to communicate with one another. This can include standards that enable real-time data sharing across services (e.g. cross-posting social media content on multiple platforms), and those that enable the combination of functionalities (e.g. having a single account log-in across multiple different online services). Interoperability can make multi-homing easier by allowing consumers to use multiple competing or complementary services through a single access point. This could ensure network effects are preserved while potentially addressing barriers to entry and promoting competition in a market.
In June 2021, the implementation of both data portability and interoperability measures involves numerous challenges to be explored during the hearing. First, there is the question of whether these measures are in fact effective in promoting competition – particularly if they are designed with other objectives in mind, such as data protection. Second, the discussion will explore different mechanisms for implementing these measures, whether through competition enforcement, merger reviews, or ex ante regulation. Third, the legal, technical and practical challenges associated with implementing these measures will be discussed.
All related documentation will become available on this page: https://www.oecd.org/daf/competition/data-portability-interoperability-and-competition.htm
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Michal Gal (Professor and Director of the Forum on Law and Markets, Haifa University)
Inge Graef (Associate Professor of Competition Law, Tilburg University)
Emily Hart (Chief Operating Officer, MotionMobs)
Jan Krämer (Professor of Information Systems and Chair of Internet and Telecommunications Business, University of Passau, and Academic Co-Director at the Centre on Regulation in Europe)
Peter Swire (Professor of Law and Ethics, Georgia Tech Scheller College of Business and Associate Director for Policy of the Georgia Tech Institute for Information Security and Privacy)