Unpacking Data Portability

Data portability has become a hot topic in competition law. Although some commentators have suggested that data portability represents low hanging fruit compared with more complex remedies such as interoperability, the debate about how to implement any such mandate, presumably under the essential facilities doctrine, remains underdeveloped. Key issues that remain unresolved include the impact of the distinction between structure and unstructured data on essentiality, the significance of regulato