Research
At the Junction of Consumer Protection: Dual Role of Data Protection in EU Competition Law
Authors:
Chun Sang WONG ,
LLB, City University of Hong Kong, HK
Sze Lam CHAN
LLB, City University of Hong Kong, HK
Abstract
Consumer data extraction in the digital economy raises competition concerns for its potential detriments on consumer welfare. However, competition law seems to lack the normative mechanism to analyse consumer behaviours over their data. Viewing from the German competition authority’s recent attempt to incorporate data protection law into the competition law assessment, the central question for this Note is whether the courts should allow such attempt, and if so, in what ways. This Note argues that data protection law can complement competition law in protecting consumers while recognising the integrities of the respective regimes. The authors propose that data protection has a dual role to play in the competition framework under different circumstances, either as a non-price benchmark in deciding whether the conduct in question is anti-competitive, or a threshold requirement in approving pro-competitive conducts.
How to Cite:
WONG, C.S. and CHAN, S.L., 2021. At the Junction of Consumer Protection: Dual Role of Data Protection in EU Competition Law. LSE Law Review, 6(2), pp.109–126.
Published on
24 Feb 2021.
Peer Reviewed
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