While some initially argued that privacy was distinct and independent from competition enforcement, market realities and digitization have since then forced regulators to reflect upon how the two policies can be interrelated and increase their coordination efforts. Regulations like GDPR have rebalanced the asymmetry between platforms and users enabling privacy protection to become a relevant competition parameter. This paper examines how to best inform competition policy of privacy issues. It does so by distinguishing between mandated privacy protection and higher levels of protection and then between situations where privacy is a competition parameter and those where it is not. In all instances, exchanges with privacy regulators would help the competition agency determination.

By Giuliana Galbiati & Henri Piffaut[1]

 

I. WHY COMPETITION POLICY IS LIKELY TO INTERACT WITH OTHER PUBLIC POLICIES, AND WITH PRIVACY PROTECTION IN PARTICULAR

The perception of the interaction between competition policy and privacy protection has significantly evolved in recent years. While some initially argued that privacy was a distinct and complex issue and that competition enforcement should look the other way, market realities and digitization have since then forced regulators to reflect upon how the two policies can be interrelated and increase their coordination efforts. Regulations like GDPR try to give substance to privacy rights through definition of mandated levels of protectio

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