Focus Areas:    Antitrust | Competition | data barrier to entry | Data Security

Competition Committee Hearing on Big Data and Competition (Paris, France)

Summary

The difference between privacy protection and antitrust law:

-Privacy is fundamentally a consumer protection or tort issue.
– In theory, antitrust law can deal with privacy as a non-price factor of hard to measure against/combine
competition, but this is an uneasy fit — with other effects.
– As an economic matter, in order for privacy to be “antitrust-relevant,” an alleged monopolist must have an incentive to degrade privacy in order to realize supracompetitive return. But:
– But: “Dominant companies are subject to special obligations… [I]t is essential to also examine under the aspect of abuse of market power whether consumers are sufficiently informed about the type and extent of data collected.” Andreas Mundt, President, Bundeskartellamt”

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