The Other Side of the Coin : Privacy Justifications in Anticompetitive Proceedings under Article 102 TFEU
With the rise of Web 2.0, and a variety of other digital services and products, personal data represents a key input to a growing number of digital services and products, including, but not limiting to, social networks, search engines, and/or online dating services. Data could be harvested by digital platforms across different devices, such as computers, laptops, and tablets. The ability to acquire and process unlimited quantities of personal data has become a source of competitive advantage, raising antitrust issues and potential breaches of data privacy. However, as the competition authorities are gradually considering privacy in competition law assessments, treating them as an element of abuse of dominant position, this article turns to discuss to what extent undertakings could rely on improvements of privacy to avoid anticompetitive liability, within Article 102 TFEU. This is one of the most nascent interactions on the horizon between competition law and data privacy law. This article assesses efficiency and objective justifications under Article 102 TFEU to assess whether the increased protection for an individual’s data privacy could justify otherwise anticompetitive conduct. To scrutinise the findings, the recent developments introduced by Google and Apple are discussed in relation to their possible efficiency and objective justifications
Year of publication: |
[2023]
|
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Authors: | Gorecka, Arletta |
Publisher: |
[S.l.] : SSRN |
Subject: | EU-Staaten | EU countries | Datenschutz | Data protection |
Saved in:
freely available
Extent: | 1 Online-Ressource (24 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | In: (2022) 9(2) North East Law Review Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments 2022 erstellt |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10014346645
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