Jörg Hoffmann is a PhD Candidate and Research Fellow at the Max Planck Institute for Innovation and Competition, where he also works as a co-editor of the law journal GRUR International. He conducted his studies at the LMU in Munich and UCL in London. Jörg is a German qualified lawyer and worked for international law firms in their antitrust and trade practice groups, the European Commission and the German Foreign Ministry at the Permanent Mission of Germany to the United Nations. His work and research focuses on the regulatory framework for the data driven economy, competition and data policies, competition law and economics and the intersection of intellectual property and competition laws and technology (Artificial Intelligence and interoperability). Most recently he conducted a sector specific analysis of data access regimes in the payments sector in the course of the Consumer Protection Days at the German Ministry of Justice and has worked on data specific competition and market failure concerns in various sectors together with researchers from the MPI and the Joint Research Centre of the European Commission.
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In this brief piece of caution, we argue that competition law is not well-suited for dealing with exploitative data practices. As consumers usually act as if they did not value their privacy, legal remedies that neglect what social scientists call “the privacy paradox” are unlikely to improve (...)
