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Synergies between Data Protection Law and Competition Law

SSRN Electronic Journal
2021
  • 8
    Citations
  • 1,819
    Usage
  • 11
    Captures
  • 0
    Mentions
  • 0
    Social Media
Metric Options:   Counts1 Year3 Year

Metrics Details

  • Citations
    8
    • Citation Indexes
      8
  • Usage
    1,819
    • Abstract Views
      1,294
    • Downloads
      525
  • Captures
    11
  • Ratings
    • Download Rank
      107,463

Article Description

This report written for the German consumer association vzbv (Verbraucherzentrale Bundesverband) analyzes the relationship between data protection law and competition law for fostering synergies and mitigating conflicts between both legal regimes, especially with regard to the huge economic power of the large tech firms. Based upon an economic market failure framework that focusses on the problems of the simultaneous existence of competition problems and information and behavioral problems of consumers, it emphasizes the need for analyzing the intertwinement of competition policy and data protection (or privacy) law due to a number of interaction effects.In the policy part of this interdisciplinary report (coauthored by an economist and a lawyer), the "Digital Markets Act" (DMA) proposal of the EU Commission is critically as-sessed not only from a competition but also from a data protection and consumer protection perspective. It makes several partly fair-reaching proposals for strengthening also data protection and consumer protection vis-a-vis the gatekeepers. In the last part also the broader interplay between competition law, data protection law, and consumer law is analyzed, with a particular emphasis on the need for a more integrative and collaborative policy approach.

Bibliographic Details

Wolfgang Kerber; Louisa Specht

Elsevier BV

competition law; large tech firms; data protection law; GDPR; Digital Markets Act

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