Las operaciones de concentración económica en mercados digitales: ¿un cambio de paradigma respecto a los datos de los usuarios?

Résumé

The current European Union regulation in the digital market, with a special emphasis on business concentrations operations, has obtained one of the greatest doctrinal focus, becoming the main regulatory objective of the European Union. In a dynamic market, where most companies operate, we must have an implemented vision of each legal and economic value of user data for economic operators. Thus, if we do not focus a clear analysis on this importance of data, we can derive in possible violations of protected legal assets, so they can offer to the users of such data products and/or services determined to their needs. The digital market and user data may not only involve a violation of these rights, but may also result in the dominant posi-tion of certain economic operators as opposed to their competitors, in addition to the fact that this dominant position may result in an aggressive policy of extermination of new competitors through an early acquisition of operators with sufficient disruptive innovation, causing a limitation to free competition and limiting the effects of innovation for imminent future