This contribution discusses the legal complications of the digital revolution on competition law, including a call for action to the European Union to adapt the existing legal framework in order to catch data-driven conduct and ensure effective enforcement. The rise of the digital economy demands (European) policymakers and enforcers to look at ways in which privacy and competition can strengthen each other to address today’s key challenges. In relation to the incorporation of privacy or data protection principles into a substantive competition analysis, the Court of Justice of the European Union (henceforth: CJEU) and the Commission have been very restrictive. However, this contribution argues that this vision is no longer without debate and susceptible to change.
Continue reading “A data protection response to anti-trust populism”