Competition regulation
Using antitrust and competition regulation to break up large data platforms tackles the symptoms but not the cause of data concentration. If authorities were to break up Meta, for instance, another large platform would likely take its place. Because it doesn’t change the underlying dynamic that rewards those that can access and use the most data.
Similarly, policies that give individuals more control over their data—think of the EU’s General Data Protection Regulation—routinely fail to counter data concentration. Surveys show that many people care about their personal data, but few exercise their right to control it. This points to a problem of collective action: People must spend time curating access to their data, but they get only limited benefits in return, even though there are collective benefits. Everyone waits for others to act, and nothing happens: Powerful platforms continue to use data at will.
Policies that grant legal ownership or some similar exclusion right over data face similar practical hurdles. And given the complexity of licensing, these policies may result in less data being accessible overall, negatively impacting innovation. Moreover, transaction costs are not spread evenly: Complex negotiations over use licenses disproportionally burden individuals and small start-ups, tilting the playing field even further toward large platforms.
But regulations mandating access to data, especially nonpersonal data, offer more promise. If cleverly designed, they can reduce transaction costs—no licenses need be negotiated—helping smaller firms gain access to data. If data holders can extract value only by using the data themselves, it motivates those who have it to use it, pushing more conventional firms to become data savvy. Such regulations advance data use—what’s currently lacking—rather than data collection.
Ideation and innovation
Innovation benefits as well. Multiple players can apply their ideas to data, so that ideation, not data hoarding, is rewarded. Data access mandates also adhere more closely to economic principles of value generation: The secret is often in data’s clever application, or use, rather than its collection. To employ an industrial-age metaphor, access mandates facilitate value extraction rather than possession of raw materials.
Data access mandates may sound novel, but they are not, as Thomas Ramge and I show in our 2022 book, Access Rules. Governments worldwide are already legally obligated to offer access to troves of data. The best example is the locational data made available by the GPS system, operated by the US military, and the EU’s Galileo system. The availability of costless yet accurate positional data has not only improved safety for airplanes, ships, and cars, it has yielded more efficient and sustainable logistics. It begot a multibillion-dollar industry.
Laws in many jurisdictions require companies to make certain data public, from financial results to emissions data. In the EU, large digital platforms must now share some data with smaller competitors. In the US, meanwhile, antitrust settlements have repeatedly required companies to let competitors access their data. Google had to do so just recently as part of an antitrust trial. But the most spectacular (and often overlooked) case stems from an antitrust settlement in the 1950s that required AT&T to let US firms use its transistor patents for free. Start-ups seized this opportunity, designing and crafting integrated circuits—essentially bootstrapping Silicon Valley and the digital age.
More generally, the very mechanism at the core of the patent system in most countries is based on free information access: Patent holders get exclusive use of their invention only for a limited time, and only if they share the details of their invention so that others can learn from it.
The value data can generate by fueling innovation will only increase as the world transitions toward a comprehensive data economy. Unfortunately, this will also strengthen concentration dynamics that have spillover costs for the economy at large. Many policy interventions have been suggested. Data access mandates hold the most promise.