Data-Driven Unfair Competition in Digital Markets

39 Pages Posted: 15 Dec 2022 Last revised: 28 Feb 2023

Date Written: October 14, 2022


This article expands the controversial catalogue of abusive practices to account for new types of data-driven unfair practices, such as data leveraging and combination, behavioral and personalized discrimination, excessive and algorithmic pricing, and the misuse of data, due to inherent conflicts of interest, driven by platform–based competition. It advances a novel understanding of the abuse of data, based on a human-centric approach to competition law. The latter applies fundamental human rights principles to competition law, including non-discrimination, equality of opportunity, and the value of fairness for both consumers and entrepreneurs, as well as the freedoms of choice, consent, and entrepreneurial action, and consumers’ right to economic privacy. Transitioning from the above evolutionary trajectory, which moves from economic dependence on the power of gigantic monopolies toward the diminishing power of gatekeepers, this article raises pressing concerns about the power of predictive analytics to accomplish the yet unaccomplished mission of surveillance capitalism, including human dependence on robotics, machine learning, and manipulative algorithms.

Keywords: Abuse of a dominant position, Digital Markets Act 2022, unfair practices, antitrust law, competition law

JEL Classification: K21; L41; L44; L51; D63; K19

Suggested Citation

Chirita, Anca D., Data-Driven Unfair Competition in Digital Markets (October 14, 2022). Durham Law School Research Paper October 2022, Boston University journal of Science and Technology Law, Vol. 29, No. 2, 2023 29 B.U.J.SCI. & TECH. L. 2 (2023), Available at SSRN: or

Anca D. Chirita (Contact Author)

Durham University - Law School ( email )

Stockton Road
The Palatine Centre
Durham, County Durham DH1 3LE
United Kingdom
00441913342860 (Phone)
0044191 33 42801 (Fax)


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