Introduction: Data, privacy and competition law interplay

Maria Ioannidou and Despoina Mantzari

A chapter in Research Handbook on Data, Privacy and Competition Law, 2025, pp 1-15 from Edward Elgar Publishing

Abstract: Traditionally, competition law and policy has been largely disjointed from data protection regulation. However, market evolution in the digital economy, such as the rise of digital platforms employing data-driven business models has blurred the dividing line between these two forms of regulation and has prompted a wide-ranging debate on how to reconceptualise their respective application. Such debate has been going on in Europe, in the USA and in developing countries with no signs of abating. With respect to the interplay between competition and privacy, some important areas of concern centre around the concept of market power/dominance and how it impacts access to personal data; whether data protection violations can constitute an abuse of dominant position; whether competition authorities should investigate the privacy implications of a merger; and whether competition law mandated remedies calling for increased access to data can adversely impact privacy protection. At the same time, data protection law and regulation have also been grappling with the role that market power plays or ought to play within data protection law. With the ongoing policy and academic debates – albeit with a rather limited enforcement footprint – this book explores in a more systematic way the interface between competition and data protection law, in key areas of enforcement: agreements between firms (Article 101 TFEU), abuse of dominant position (Article 102 TFEU), merger control, the Digital Markets Act (DMA), as well as how other jurisdictions around the globe, mainly the US and selected developing countries, have been addressing the respective issues.

Keywords: Competition law; Privacy; Data protection; Competition and privacy interplay; Digital platforms; Data-driven business models (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802202328
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