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Interaction between EU competition law and data protection in digital markets : striving for coherence

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https://hdl.handle.net/1814/92749
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10.4337/9781035302642.00025
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9781035302635; 9781035302642
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2025
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Contribution to book
Keyword(s)
Data protection; Privacy, General Data Protection Regulation; Merger control; Abuse of dominance; Coherence
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Pier Luigi PARCU, Maria Alessandra ROSSI and Marco BOTTA (eds), Research handbook on competition and technology, Cheltenham ; Northampton : Edward Elgar Publishing, 2025, Research handbooks in competition law, pp. 297-324
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MAJCHER, Klaudia, Interaction between EU competition law and data protection in digital markets : striving for coherence, in Pier Luigi PARCU, Maria Alessandra ROSSI and Marco BOTTA (eds), Research handbook on competition and technology, Cheltenham ; Northampton : Edward Elgar Publishing, 2025, Research handbooks in competition law, pp. 297-324 - https://hdl.handle.net/1814/92749
Abstract
This chapter explores the interplay between EU competition law and data protection in digital markets. Having provided an overview of shared values such as welfare, fairness, individual sovereignty, and the mitigation of power and information asymmetries, it discusses how these overarching commonalities manifest in the practical enforcement of these legal domains and explores strategies to enhance coherence between them. The chapter focuses on two areas of EU competition law: abuse of a dominant position and merger control. Regarding the former, the analysis scrutinises how data protection harm can be captured by exploitative and exclusionary abuses. Additionally, it explores how business conduct that allegedly improves data protection, but simultaneously restricts competition, should be approached under competition law. Insights are also provided into the integration of the notions of power and dominance into GDPR analyses. Regarding merger control, the chapter illustrates how data protection considerations have been and can be integrated into substantive merger assessments, and how merger remedies can be designed in a more privacy-friendly manner.
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Published: 20 May 2025
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Edward Elgar Publishing
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