Is “Privacy” a Means to Protect the Competition or Advance Objectives of Innovation and Consumer Welfare?

Abstract

The relationship between competition law and privacy is still seen as problematic with academics and professionals trying to adequately assess the impact of privacy on the competition law sphere. The chapter looks at the legal development of the EU merger proceedings to conclude that EU competition law is based on the prevailing approach and assesses decisions involving data through the spectrum of keeping a competitive equilibrium in hypothetical markets. Secondly, it considers the legal developments in the EU Member States' practice, which acknowledges the apparent intersection between the phenomena of competition law and privacy. This chapter attempts to propose that privacy concerns appear to hold a multidimensional approach on competition legal regime; nevertheless, it does not result in the need of legal changes within the remits of competition law, as the privacy concerns are already protected by the data protection and consumer protection law.