Competition law and data protection

What is competition protection?
The aim of competition protection is to ensure fair competition between undertakings on the market and consequently a greater variety of choice and better quality goods and services at lower prices for consumers..
What is protection from competition?
It is the set of laws and decisions related to the provisions of the protection of freedom of competition, which prohibits harmful practices to competition and assesses the impact that such practices may have on the economy and consumer welfare..
What is the data protection competition law?
To explain, the Competition Act is designed to preserve and promote the competitive character of markets which ultimately leads to consumer benefits.
The DPDP Act, on the other hand, aims to empower individuals by protecting their personal data and allow processing of their data in a lawful manner..
Preserving and promoting fair competition practice
The European Commission monitors and investigates anti-competition practices, mergers and state aid to ensure a level playing field for EU businesses, while guaranteeing choice and fair pricing for consumers.

Jun 8, 2022On the fundamental level, competition and data protection laws achieve different sets of modalities. Competition law aims to ensure undistorted

Competition law aims to ensure fair and undistorted competition through, for instance, the protection against abuse of market power.

Data protection and competition policies share fundamental concerns and similar remedial approaches: how to mitigate unfairness by introducing and imposing obligations on those with information or market power. The goal is to prevent power imbalances between individuals and powerful companies.

Can privacy and competition law be integrated together?

The integrationist approach accepts incorporation of privacy arguments into the competition law framework.
Based on that, both price and non-price factors improve consumer welfare.
There is evidence to suggest that privacy and competition law could be integrated together or acknowledged as complimentary.

Should data protection law and competition law be viewed separately?

The first theory considers that data protection law and competition law are supposed to be viewed seperately.
Arguably, this separatist view originates from the Asnef-Equifax case, where the court rejected the intersection between competition law and privacy.

What is the role of competition law in consumer protection?

Competition law has played an important role in protecting the consumer.
With the recent introduction of data protection laws, it has emerged that they are also playing a role in consumer protection.
This Chapter explores some of the issues in competition law, from the collection and use of personal data.

What is the separatist view of competition law and privacy?

Arguably, this separatist view originates from the Asnef-Equifax case, where the court rejected the intersection between competition law and privacy.
Essentially, the separatist theory views competition law and privacy as complementary, but not overlapping.

Is bridging the gap between EU data protection and EU competition law?

In conclusion, bridging the gap between EU data protection and EU competition law is still in its infancy with regard to the collaborative economy

Further, the most recent practices are unfit to dispel doubts

The likely encounter between two of the most famous actors in the law of the EU is hence postponed

Should data protection and competition law be interlinked in antitrust cases?

Based on that consideration, at present, the CJEU and the Commission have rejected an interlinked application of data protection and competition law in the assessment of antitrust cases

Essentially, the goal of Article 102 TFEU is to protect consumers

What is the difference between competition law and data protection law?

On the fundamental level, competition and data protection laws achieve different sets of modalities

Competition law aims to ensure undistorted competition within the internal market

Competition is conceived as the best means to ensure allocation of resources and increase consumer welfare

Data localization or data residency law requires data about a nation's citizens or residents to be collected, processed, and/or stored inside the country, often before being transferred internationally.
Such data is usually transferred only after meeting local privacy or data protection laws, such as giving the user notice of how the information will be used, and obtaining their consent.

Scheme in which a group protects a client through illegal violence

A protection racket is a type of racket and a scheme of organized crime perpetrated by a potentially hazardous organized crime group that generally guarantees protection outside the sanction of the law to another entity or individual from violence, robbery, ransacking, arson, vandalism, and other such threats, in exchange for payments at regular intervals.
Each payment is called protection money or a protection fee.
An organized crime group determines an affordable or reasonable fee by negotiating with each of its payers, to ensure that each payer can pay the fee on a regular basis and on time.
Protections rackets can vary in terms of their levels of sophistication or organization; it is not uncommon for their operations to emulate the structures or methods used by tax authorities within legitimate governments to collect taxes from taxpayers.