Competition law and privacy

  • While Competition law operates towards facilitating the market growth by curbing anti-competitive practices in the market, IPRs confer exclusive monopoly to the proprietor.
    However, both are intended towards promoting innovation and consumer welfare.
Competition law aims to ensure undistorted competition within the internal market. Competition is conceived as the best means to ensure the allocation of resources and increase consumer welfare. Privacy distortion effects could arguably violate both fairness and efficiency-based theories.
Jun 8, 2022The first theory considers that data protection law and competition law are supposed to be viewed seperately.
Competition law aims to ensure undistorted competition within the internal market. Competition is conceived as the best means to ensure the allocation of resources and increase consumer welfare. Privacy distortion effects could arguably violate both fairness and efficiency-based theories.
The problems of competition law and privacy-related harms are interlinked, and competition law should only remediate concerns that directly harm competition in a relevant market. Competition law is limited to competitive issues but postulates privacy protection could form a competition dimension.

How do competition remedies affect privacy?

Examining how the data being shared in competition remedies allows privacy authorities to gain a better understanding of the competitive nature of that data, while competition agencies can gain a better understanding of potential privacy impacts and whether the shared data is in fact personal information.

Is privacy a competition law issue?

Part IV considers the two main responses by competition law scholars to the question whether privacy is a competition law issue and proposes a third response, namely that the degradation of data privacy causes objective harm to consumers and undermines the competitive process and should therefore be of concern to competition regulators.


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