Competition Law in Context: The Example of its Interplay with Data Protection Law from an Economic Perspective

Abstract

Due to the key role of personal data in the digital economy competition law and data protection law are getting deeply intertwined. This article uses a market failure framework for analyzing new important interaction effects between both legal regimes. Since on digital markets competition problems and competition law have also effects on privacy, and, vice versa, information and behavioral problems and data protection law have effects on competition, an increasingly complex relationship emerges, which has to deal with manifold new conflicts, enforcement gaps, and synergy effects between both laws. These problems will require a more integrated and collaborative approach for the application of competition law and data protection law.