The Implications of Big Data and Privacy on Competition Analysis in Merger Control and The Controversial Competition-Data Protection Interface

Abstract

The article examines the implications of big data for competition law, with a focus on personal data and the privacy concerns that such data may give rise to, especially in the area of merger control. Today, one of the biggest challenges for competition authorities in data-driven markets is how to deal with issues related to personal data and the protection of privacy in their analysis. A key question is the role of competition law in protecting consumers from potential data privacy risks arising in the context of mergers in digital markets. The article also engages with one of the currently most debated topics in the competition community, namely the competition-privacy interface, and considers how personal data in the digital economy is considered a currency in exchange for online offerings, and how a loss of privacy can be factored into quality competition. The article addresses some of the challenges with incorporating privacy as a non-price parameter into competition analysis and offers food for thought by discussing relevant methodologies to assign monetary values to personal data.