Competition law and data

This paper critically assesses to what extent competition law can address the concerns in digital markets.
It argues that, while privacy concerns may be particularly pervasive in relation to firms with market power, the solution for privacy concerns is likely to lie in data protection law rather than competition law.

Diminished competition on privacy quality as a result of concealed data practices should be taken into account in any assessment of the state of competition, and market power, 199 in the relevant market.

It argues that, while privacy concerns may be particularly pervasive in relation to firms with market power, the solution for privacy concerns is likely to lie in data protection law rather than competition law.
In cases where, instead, market power based on data is the reason for concern, competition authorities may be better apt to intervene.

Data spaces are an important initiative to promote data sharing within the EU and across sectors and to make more data available for the benefit of society at large

At the same time, however, data spaces could be challenging under competition law

The collection, processing and commercial use of data is often seen not as a competition law issue but rather as an issue which concerns data protection enforcement

Today more than ever competition law, along with many other areas of the law is being challenged by the introduction of data protection laws around the world

Competition law has played an important role in protecting the consumer