Blurring Boundaries of Consumer Welfare: How to Create Synergies between Competition, Consumer and Data Protection Law in Digital Markets
Forthcoming by Springer as proceedings of the Max Planck Institute Post-Doc conference on 'Personal Data in Competition, Consumer Protection and IP Law: Towards a Holistic Approach?', held on 21 October 2016 in Munich
28 Pages Posted: 8 Dec 2016 Last revised: 5 Jul 2017
Date Written: December 7, 2016
The boundaries between the fields of competition, consumer and data protection law have become blurred in the digital economy. This is particularly the case for the rules governing practices of market players relating to the collection and use of personal data of individuals. In addition to possible competition issues, concerns are increasingly raised about the level of data and consumer protection offered by current market players. Ongoing policy and academic debates have started to consider the question of how these three legal fields interact. The chapter aims to shed light on this issue by comparing the relevant legal concepts as well as the available remedies in each of these areas of law and by outlining how synergies can be achieved with the objective of providing consumers in digital markets with a more integrated form of protection.
Keywords: Competition law, consumer protection, data protection, data portability, exploitative abuse, merger review, digital economy
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