Do Privacy and Competition Concerns Go Hand in Hand? Exploring the Theoretical and Practical Hurdles for the Incorporation of Privacy Concerns in a Competition Law Regime that Emphasizes Economic Efficiency and Consumer Welfare.

Abstract

This paper argues that that it is possible to include privacy concerns in EU competition law while balancing economic efficiency and consumer welfare by the simultaneous application of EU data protection law. The personal data of consumers evidently has monetary value as companies provide “free” services in lieu of our data. In fact, the profit-maximising drive is so addictive that firms seem to have forgotten that personal data also represents an individual’s dignity and personality. Data protection and competition seldom go hand in hand, but there is a growing need to acknowledge privacy issues in Competition Law. An analysis of some recent high-profile mergers and abuse of dominance cases highlight these privacy concerns. It is therefore pertinent to examine how “Big Data” is relevant in Competition Law and understand the economic aspect of the demand and supply of data in a digital economy.