This Research Handbook examines the complex interplay between competition and data protection law, exploring such interplay across all key areas of competition law enforcement, such as agreements between firms, abuse of dominance, merger control, and the newly enacted Digital Markets Act.
Leading experts unpack the core principles of data protection and investigate the technological and economic dynamics that shape its relationship with competition law. They analyse how competition law and policy can promote or hinder consumer privacy and data protection and present a detailed overview of various policy questions, comparing how jurisdictions worldwide address these issues. Presenting a detailed overview of various policy questions tackled from a multidisciplinary perspective (including computer science and data science), this Research Handbook is an important addition to the literature, highlighting the many nuances in this increasingly significant interface.
Providing an in-depth examination of policy perspectives, the Research Handbook on Data, Privacy and Competition Law is an essential resource for scholars and students of competition law, data protection, and consumer privacy. It also presents crucial insights for legal professionals, competition and data protection authorities, policymakers, and government officials.
Rezensionen / Stimmen
'This Handbook provides a top-rate and timely analysis of the complex intersection between competition law and data protection in the digital economy. With an exceptional roster of contributors, it offers the first systematic framework for understanding how these critical regimes interact across key enforcement areas. Essential reading for practitioners, academics, and policymakers.' -- Michal Gal, University of Haifa, Israel and University of Zurich, Switzerland
Reihe
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 244 mm
Breite: 169 mm
ISBN-13
978-1-80220-232-8 (9781802202328)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Edited by Maria Ioannidou, School of Law, Queen Mary University of London and Despoina Mantzari, Faculty of Laws, University College London, UK
Contents
Foreword: The need for a holistic approach to regulating data xv
Introduction: Data, privacy and competition law interplay 1
Maria Ioannidou and Despoina Mantzari
PART A THEORETICAL UNDERPINNINGS
1 Some commonly held but shaky assumptions about data, privacy and
power 17
Michael Veale
2 The interplay of consumer privacy, competition, and regulation 35
Olga Kozlova Guglielmi, Philipp Tillmann and Catherine Tucker
3 Regulating data processing for digital advertising: Why we got it wrong
(and how to fix it) 58
Konstantina Bania
4 Pro-competition and online safety: A more holistic approach to digital
platform regulation 90
Beatriz Kira
5 Digital competition policy: In search for a new raison d'etre 113
Oles Andriychuk
PART B KEY SUBSTANTIVE ISSUES
6 Data transfer, data pools and data spaces in the light of the new Horizontal
Guidelines and Block Exemptions 127
Bjoern Lundqvist
7 ESG data and EU competition enforcement: From "green" to "digital"
antitrust in sustainable markets 140
Giulia Schneider
8 Exclusionary and exploitative abuse of consumer data 185
Anca Daniela Chirita
9 Can data protection friendly conduct constitute an abuse of dominance
under Art 102 TFEU? 209
Klaus Wiedemann
10 The role of privacy in merger control: Limiting principles, theories of
harm, and operationalisation 236
Elias Deutscher
11 Data-driven conglomerate mergers 266
Daniele Condorelli and Jorge Padilla
12 Privacy considerations in the context of merger control 279
Ioannis Kokkoris
PART C REMEDIES AND MARKET INVESTIGATIONS
13 Data access remedies: Economic trade-offs, data privacy and regulatory
implementation 314
Daniel Schnurr
14 Shaping remedies at the interface of EU competition and data protection
law: Synergies, tensions and gaps 340
Inge Graef
15 US antitrust remedies and data privacy 355
Erika M. Douglas
16 Competition policy and data protection law: The complexity of its
interplay from an economic perspective 382
Wolfgang Kerber
17 Searching for new instruments in competition law: Market investigations
as a case in point 403
Adrian Kuenzler
PART D ENFORCEMENT ISSUES GLOBALLY
18 Interdisciplinary enforcement in competition and data protection law 420
Agustin Reyna
19 Deus ex civilem societatem: Some empirical reflections on the intervention
of civil society in anti-trust proceedings 433
Ioannis Kouvakas and Tomaso Falchetta
20 Exclusionary or exploitative abuse of dominance in China?: Data as an
important tool to exclude rivals and exploit consumers 455
Grace GAO Yajie
21 Dealing with moving targets: A Brazilian perspective of enforcement in
the interface of competition law and data protection 479
Caio Mario S. Pereira Neto, Daniel Douek , Daniel Favoretto
RochaandGiulia de Paola
22 Navigating in convection currents: The interface between competition law
and data protection 510
Goenenc Guerkaynak, Ali Kagan Ucar, Uzay Goerkem Yildiz and Goeksu
Kiribrahim
23 Government-created e-bazaars: Assessment of an Indian experiment 531
Trichy V. Krishnan and Vikas Kathuria
