Abstract
Abstract There is no doubt as to the growing importance of personal data to companies. Along with this fact, there is an exponential growth of data concentration on the hands of the biggest global technology companies. Regulators around the world are taking action in digital markets, either through legislation or judicial enforcement, to address the implications of data concentration. This article analyzes a true paradigm shift in the collaboration between antitrust, data protection and consumer authorities in handling the case of changes to WhatsApp’s privacy policy in Argentina, Brazil and Chile. We analyze how the institutional arrangements favored (or not) a more connected and integrated role of different authorities in the investigation of abuses of dominant position, which resulted in a stronger message for actors in the digital market. Institutional factors, such as operational and enforcement capabilities, are also analyzed with regard to the ability and effectiveness of the authorities in these countries to intervene. This article attempts to bring critical considerations in the evaluation of Latin American cases compared with international evolution to drive some useful lessons for future enforcement.
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