Main Article Content
Long before techlash became popular, the European Data Protection Supervisor (EDPS) was holding up a mirror to the EU competition authority. Not only the effectiveness of competition rules’ enforcement in the age of big data was questioned, but the suggestion was made to substantially improve the interaction, i.e. strengthen the family ties, between competition, data protection and consumer protection. The importance of this suggestion was recently acknowledged by the EU Commissioner and Executive Vice-President of the European Commission Margrethe Vestager at a lecture delivered in memorial of the former EDPS Giovanni Buttarelli: “[i]n this time of fast and radical change, all of us have a lot to learn from each other. And if we work together in the spirit that Giovanni Buttarelli showed us, we can achieve his cherished aim – a digital future that works for human beings.”
The paper’s main purpose is to take stock of the current state of the interplay between data protection and competition law against the background of the roadmap presciently put forth by the EDPS since 2014. Moreover, in the spirit that Giovanni Buttarelli showed us, it is suggested that new forms of collaborative enforcement should be explored, the workings of the Digital Clearinghouse progressively institutionalised, also at national level, and, most importantly, that a pro-competitive data governance framework should be developed in a cooperative manner. The paper’s main purpose is to take stock of the current state of the interplay between data protection and competition law against the background of the roadmap presciently put forth by the EDPS since 2014. Moreover, in the spirit that Giovanni Buttarelli showed us, it is suggested that new forms of collaborative enforcement should be explored, the workings of the Digital Clearinghouse progressively institutionalised, also at national level, and, most importantly, that a pro-competitive data governance framework should be developed in a cooperative manner.
Binns, Reuben and Elettra Bietti. “Dissolving privacy, one merger at a time: Competition, data and third-party tracking”. Computer Law & Security Review, in press (2019).
Botta, Marco and Klaus Wiedemann. “Exploitative conducts in digital markets: Time for a discussion after the Facebook Decision”. Journal of European Competition Law & Practice 10, no. 8 (2019): 465-478.
Botta, Marco and Klaus Wiedemann. “The interaction of EU competition, consumer, and data protection law in the digital economy: The regulatory dilemma in the Facebook odyssey”. The Antitrust Bulletin 64, no. 3 (2019): 428-446.
Buttarelli, Giovanni. “This is not an article on data protection and competition law”. CPI Antitrust Chronicle, February (2019). https://www.competitionpolicyinternational.com/category/antitrust-chronicle/antitrust-chronicle-2019/.
Caffarra, Cristina and Tommaso Valletti. “Google/Fitbit review: Privacy IS a competition issue”. Vox CEPR Policy Portal. March 4, 2020. https://voxeu.org/content/googlefitbit-review-privacy-competition-issue#.Xl-025mfgNo.twitter.
Cooper, James C. “Privacy and antitrust: Underpants gnomes, the first amendment, and subjectivity”. George Mason Law Review 20, no. 4 (2013): 1129-1146.
Costa-Cabral, Francisco and Orla Lynskey. “Family ties: The intersection between data protection and competition in EU law”. Common Market Law Review 54, no. 1 (2017): 11-50.
D’Cunha, Christian. “Best of frenemies? Reflections on privacy and competition four years after the EDPS Preliminary Opinion”. International Data Privacy Law 8, no. 3 (2018): 253-257.
D’Cunha, Christian. “In memory of Giovanni Buttarelli”. International Data Privacy Law 9, no. 3 (2019): 129-131.
De Peyer, Ben Holles. “EU merger control and big data”. Journal of Competition Law & Economics 13, no. 4 (2018): 767-790.
Ferretti, Federico. “The legal framework of consumer credit bureaus and credit scoring in the European Union: Pitfalls and challenge – overindebtedness, responsible lending, market integration, and fundamental rights”. Suffolk University Law Review 46, no. 3 (2013): 791-828.
Kadar, Massimiliano and Mateusz Bogdan. “‘Big data’ and EU merger control – A case review”. Journal of European Competition Law & Practice 8, no. 8 (2017): 479-491.
Kemp, Katharine. “Concealed data practices and competition Law: Why privacy matters”. 2019. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3432769.
Kerber, Wolfgang. “Data sharing in IoT ecosystems and competition law: The example of connected cars”. Journal of Competition Law & Economics (2019).
Manne, Geoffrey and Ben Sperry. “Debunking the Myth of a Data Barrier to Entry for Online Services”. Truth on the Market Blog. March 26, 2015. https://truthonthemarket.com/2015/03/26/debunking-the-myth-of-a-data-barrier-to-entry-for-online-services/.
Manne, Geoffrey and Ben Sperry. “The problems and perils of bootstrapping privacy and data into an antitrust framework”. CPI Antitrust Chronicle 5, no. 2 (2015).
Möllnitz, Christina. “Datenschutz ist kein Wettbewerbsrecht”. Computer und Recht 35, no. 10 (2019): 640-643.
Podszun, Rupprecht. “After Facebook: What to expect from Germany”. Journal of European Competition Law & Practice 10, no. 2 (2019): 69-70.
Podszun, Rupprecht. “Facebook vs. Bundeskartellamt”, D’Kart Antitrust Blog. August 30, 2019. https://www.d-kart.de/en/blog/2019/08/30/en-facebook-vs-bundeskartellamt/.
Podszun, Rupprecht and Fabian Brauckmann. “Germany’s pressing ahead: The proposal for a reformed competition act”. CPI, November 6, 2019. https://www.competitionpolicyinternational.com/germanys-pressing-ahead-the-proposal-for-a-reformed-competition-act/.
Rancati, Luca. “The intersection between antitrust and data protection. Lessons from the Facebook/ Whatsapp merger and the Bundeskartellamt’s decision on Facebook’s terms and conditions”. Faculté des sciences économiques, sociales, politiques et de communication, Université catholique de Louvain. 2019. https://dial.uclouvain.be/memoire/ucl/fr/object/thesis%3A21242.
Reyna, Agustin. “Optimizing public enforcement in the digital single market through cross-institutional collaboration”. 2020. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3529198.
Reyna, Agustín. “The psychology of privacy – what can behavioural economics contribute to competition in digital markets?”. International Data Privacy Law 8, no. 3 (2018): 240-252.
Robertson, Viktoria. “Excessive data collection: Privacy considerations and abuse of dominance in the era of big data”. Common Market Law Review 57, no. 1 (2020): 161-190.
Sokol, D. Daniel and Roisin Comerford. “Does antitrust have a role to play in regulating big data?”, in The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech, edited by Roger D. Blair and D. Daniel Sokol. Cambridge: Cambridge University Press, 2017.
Vestager, Margrethe. “Privacy and competition in an age of data”. IAPP Europe Data Protection Congress, Brussels, 21 November 2019.
Vestager, Margrethe. “What competition can do – and what it can’t”. Communication at Chilling Competition Conference, October 25, 2017.
Vezzoso, Simonetta. “Pro-competitive regulation of personal data protection in the EU”. In State-Initiated Restraints of Competition, edited by Josef Drexl and Vicente Bagnoli. Cheltenham: Edward Elgar, 2015.
Wasastjerna, Maria. “The role of big data and digital privacy in merger review”. European Competition Journal 14, no. 2-3 (2018): 417-444.
Zuboff, Shoshana. The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power. United States of America: Public Affairs/Hachette Book Group, 2019.