scholarly journals At the crossroads of data protection and competition law: time to take stock

2018 ◽  
Vol 8 (3) ◽  
pp. 179-180 ◽  
Author(s):  
Orla Lynskey
Keyword(s):  
Data Protection ◽  
Competition Law

scholarly journals Digital Economy, Big Data and Competition Law

2019 ◽  
Vol 3 (1) ◽  
pp. 53-89
Author(s):  
Roberto Augusto Castellanos Pfeiffer
Keyword(s):  
Big Data ◽  
Data Protection ◽  
Personal Data ◽  
Competition Law ◽  
Digital Economy ◽  
Data Driven ◽  
Dominant Position ◽  
Privacy Concerns ◽  
Sense Data ◽  
Abuse Of Dominant Position

Big data has a very important role in the digital economy, because firms have accurate tools to collect, store, analyse, treat, monetise and disseminate voluminous amounts of data. Companies have been improving their revenues with information about the behaviour, preferences, needs, expectations, desires and evaluations of their consumers. In this sense, data could be considered as a productive input. The article focuses on the current discussion regarding the possible use of competition law and policy to address privacy concerns related to big data companies. The most traditional and powerful tool to deal with privacy concerns is personal data protection law. Notwithstanding, the article examines whether competition law should play an important role in data-driven markets where privacy is a key factor. The article suggests a new approach to the following antitrust concepts in cases related to big data platforms: assessment of market power, merger notification thresholds, measurement of merger effects on consumer privacy, and investigation of abuse of dominant position. In this context, the article analyses decisions of competition agencies which reviewed mergers in big data-driven markets, such as Google/DoubleClick, Facebook/ WhatsApp and Microsoft/LinkedIn. It also reviews investigations of alleged abuse of dominant position associated with big data, in particular the proceeding opened by the Bundeskartellamt against Facebook, in which the German antitrust authority prohibited the data processing policy imposed by Facebook on its users. The article concludes that it is important to harmonise the enforcement of competition, consumer and data protection polices in order to choose the proper way to protect the users of dominant platforms, maximising the benefits of the data-driven economy.

Information at the crossroads of competition and data protection law

2014 ◽  
Vol 12 (2) ◽  
pp. 169-183 ◽  
Author(s):  
Rolf H. Weber
Keyword(s):  
Data Protection ◽  
Competition Law ◽  
Data Protection Law ◽  
Potential Factors

AbstractInformation is increasingly becoming a valuable currency in online businesses and, thereby, a competition factor, however, equally an important element of privacy. This article addresses the only weakly researched relationship between competition law and data protection law outlining potential factors that can contribute to a suitable balance of the two legal sectors.

Exploitative abuses in digital markets: between competition law and data protection law

2020 ◽  
Author(s):  
Miriam Caroline Buiten
Keyword(s):  
Market Power ◽  
Data Protection ◽  
Data Privacy ◽  
Personal Data ◽  
Competition Law ◽  
Privacy Concerns ◽  
Online Platforms ◽  
Data Protection Law ◽  
Collection Practices ◽  
Abuse Of Dominance

Abstract Online platforms increasingly offer consumers services ‘for free’, in exchange for collecting consumers’ personal data. This business model is highly successful, leading some online platforms to gain substantial market power. This market power can cause consumer harm—not through higher prices, but in the form of privacy harm. This article considers what role competition law and data protection law can play in mitigating this harm to privacy. The article considers how we can conceptualize exploitative abuse of dominance cases in zero-price markets. The article calls into question if data protection laws should play a role in antitrust abuse assessments, against the background of the Bundeskartellamt antitrust investigation into Facebook’s data collection practices. The article argues that, even in digital markets that unequivocally link market power with data privacy concerns, competition law and data protection law have complementary but distinct roles to play.

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