Data-Driven Economy and Artificial Intelligence: Emerging Competition Law Issues?

Artificial Intelligence (AI), though not an entirely new phenomenon, has been developing more intensively recently. AI is based on artificial neural networks (ANNs), which are modelled upon the architecture of human brains. Thereby, AI is characterized by the systems that can autonomously learn and improve (machine learning). The machines’ self-learning capability is based on the technique called „deep learning”. This technique is fed by data. In this regard, it may well be that the purpose of current data collection and processing is related to conquering future markets for AI, so that a „snapshot” analysis of the issues related to current data-driven markets would show only one side of the coin of the market dynamics. This insight has to be borne in mind by both regulators and competition authorities. It is in this context that it has to be analyzed whether or what type of protection is needed for (non-personal) data and/or data sets and what the