Title: Access to data from smart cars - does Article 102 TFEU open it up?

Authors: Václav Šmejkal

Addresses: Research Centre, Škoda Auto University, Na Karmeli 1457, 293 01 Mladá Boleslav, Czechia

Abstract: The paper addresses the issue of making available the data, features and automotive resources that are necessary for a competitive aftermarket to function and thrive. This issue is analysed specifically from the perspective of EU competition law, namely its prohibition of abuse of dominance. The analysis addresses the question of when a car manufacturer is in a dominant position and whether Article 102 TFEU can be applied when it denies or impedes access to data, functions and resources of the car it produces. While it is shown that there are some possibilities for using Article 102 TFEU, a more effective solution to the problem is likely to be an ex-ante regulation directly imposing obligations on car manufacturers.

Keywords: access to vehicle data; functions and resources; abuse of dominant position; Article 102 TFEU; refusal of access to data; European Union.

DOI: 10.1504/IJATM.2024.144516

International Journal of Automotive Technology and Management, 2024 Vol.24 No.4, pp.441 - 459

Received: 30 Apr 2024
Accepted: 31 Jul 2024
Published online: 17 Feb 2025 *

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