LAW & ECONOMICS: COMPETITION POLICY - PRIVATE ENFORCEMENT - PRIVACY - CONSUMER DATA

Privacy and competition law: Is there a room for private enforcement?

Despite the hurdles in applying private enforcement in competition policy cases dealing with data-driven markets, we argue that its application can be welfare enhancing under insufficient deterrence from the public authorities. This paper identifies the issues and provides solutions to promote private actions when dealing with privacy and competition law infringements.

Introduction 1. In one of its latest background notes, the OECD defines the term “consumer data” as the notion that intends to “capture data concerning consumers, where such data have been collected, traded or used as part of a commercial relationship” (OECD, 2020). While highlighting its heterogeneous nature, the OECD provides a typology of the consumer’s data, based on the type of information collected, their origin, extent to which it is personally identifiable, revealing an extensive amount of personal data being collected, traded or used as part of commercial relationship. 2. The interest in consumers’ data and privacy in competition law is related to the finding of a lack of effective competition in data-driven services in the digital economy. Indeed, the latter has three key

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Authors

  • University Paris Nanterre
  • Côte d’Azur University, GREDEG (Nice)

Quotation

Saïd Souam, Jeanne Mouton, Privacy and competition law: Is there a room for private enforcement?, November 2020, Concurrences N° 4-2020, Art. N° 97146, pp. 74-80

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