Experimentalist Competition Law Enforcement as a Complementary Data Sharing Toolkit: Learning from AGCM v. Google – Ostacoli alla Portabilità dei Dati

Analysing the Italian case AGCM v. Google - Ostacoli alla portabilità dei dati, this paper scrutinises the “experimentalist architecture” of public competition law enforcement in dealing with data sharing disputes. In AGCM v. Google, the experimentalist competition law enforcement aimed at ensuring and designing the right to data portability provided by Article 20 GDPR. The paper investigates the extent to which the conditions and distinctive features of the experimentalist architecture play a role in AGCM v. Google, which include: strategic uncertainty, polyarchic distribution of powers, high degree of discretion of local agents, dynamic accountability, and the participation of all stakeholders in the design, review and updating of cross-sectoral data sharing solutions. In conducting the analysis, the internal administrative dialogue between local actors within the national competition law enforcement process is examined. In addition, the paper explores the potential for an external administrative dialogue between national competition law enforcement, implementation mechanisms, and regulatory revisions of the data sharing framework, involving local and EU actors.