As data‑driven business models proliferate across digital and other markets, competition authorities have become increasingly attentive to the role data may play in shaping market power. While it is widely accepted that large‑scale datasets can offer competitive advantages, the key question for competition enforcement is more nuanced: under what conditions might the possession or accumulation of data (for example, through merger activity) pose a material risk to competition?
In a recent article for CPI Antitrust Chronicle, RBB’s Simon Lee
Simon LeeAssociate Principal sets out an economic framework to distinguish between situations where the possession or build‑up of data might meaningfully raise competition concerns, and those in which fears of “data dominance” are likely overstated. The article outlines:
The main ways in which data can confer competitive advantages, alongside a summary of recent South African and regional matters in which data‑related issues have arisen;
A set of economic considerations that may help determine whether data is likely to raise competition concerns; and
A reflection on the implications for competition enforcement in digital and other data‑rich markets.
Article published in CPI Antitrust Chronicle, March 2026.
Read the full article here.
