Collaborative Platforms and Data Pools for Smart Urban Societies and Mobility as a Service (MaaS) from a Competition Law Perspective

Abstract

In the Smart Urban society all devices and service providers will monitor, collect data and exchange data, whilst the device producers and service providers will store, distribute, analyse and re-use data on a grand scale. If firms would like to combine data, they need to give each other access either by sharing, trading, or pooling the data. On the one hand, industry-wide pooling of data could increase efficiency of certain services, and contribute to the innovation of other services, e.g., think about self-driven cars or even creating whole networks for transport available on one platform, i.e. Mobility as a Service (MaaS). On the other hand, firms combining business data may use the data, not to advance their services or products, but to collude, to exclude competitors or to abuse their market position. Indeed, by combining their data and collaborate they can gain market power, and, hence, the ability to violate competition law. We also see platforms hoarding data and designing the data architecture so to become system leaders in vertical value chains, exclusively obtain all data from various sources creating a silo or ecosystem. This paper will discuss a new platform configuration being developed regarding transport services. The new idea for a transport platform is being developed and discussed under the notion of MaaS. MaaS is a new transport paradigm that integrates existing and new mobility services, public and private transport services such as subway and e-scooters, into one single digital platform, providing customised door-to-door transport and offering personalised trip planning and payment options. The development of integrated multimodal information systems and integrated payment solutions have enabled the unfolding of the MaaS concept. We will analyse the MaaS concept from a competition law perspective, and whether the concept might be in violation of EU Competition Law, specifically Articles 101 and 102 TFEU, respectively.