Competition Law and Personal Data Crossing in Digital Markets

Ian S. Forrester, A Scot without Borders, Liber Amicorum, Vol. Ii - Sir D. Edward, J. Maclennan, A. Komninos (Ed.), Concurrences Review 2015, 153-172

48 Pages Posted: 2 Apr 2018 Last revised: 18 Apr 2018

See all articles by Gonenc Gurkaynak

Gonenc Gurkaynak

ELIG Gürkaynak Attorneys-at-Law

Ayse Guner Donmez

University of California Los Angeles

Ayse Gizem Yasar

Sciences Po

Date Written: 2015

Abstract

A number of issues arise with regard to competition law and data protection, in particular in the online services context. For one, the relationship between competition law and privacy is yet to be fully understood and we discuss below the aspects of this conundrum: first, we look into the issue of whether privacy risks arising in digital markets should be addressed within the competition law analysis; second, we try to identify cases where collecting personal data or depriving access to personal data could be anti-competitive and constitute a breach of competition law. The question of how competition authorities should intervene in cases of a competition law infringement in markets involving data aggregation is also an interesting debate. Our article attempts to provide an insight into these questions, by laying out the legislation, cases and antitrust discussions where in which these questions have been addressed so far.

Keywords: data protection, antitrust, privacy, competition law

JEL Classification: K21, L40

Suggested Citation

Gurkaynak, Gonenc and Güner Dönmez, Ayşe and Yasar, Ayse Gizem, Competition Law and Personal Data Crossing in Digital Markets (2015). Ian S. Forrester, A Scot without Borders, Liber Amicorum, Vol. Ii - Sir D. Edward, J. Maclennan, A. Komninos (Ed.), Concurrences Review 2015, 153-172, Available at SSRN: https://ssrn.com/abstract=3149530 or http://dx.doi.org/10.2139/ssrn.3149530

Gonenc Gurkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Ayşe Güner Dönmez

University of California Los Angeles ( email )

10920 Wilshire Blvd
Los Angeles, CA 90024
United States

Ayse Gizem Yasar

Sciences Po ( email )

27 rue Saint-Guillaume
Paris Cedex 07, 75337
France

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