The role of big data and digital privacy in merger review

Abstract:

The article examines the implications of big data for competition law, with a focus on personal data and the concerns that data may give rise to in merger review. One of the biggest challenges for competition authorities in the digital age is how to deal with data and privacy issues in their competitive analysis. An emerging issue is the role of competition in protecting consumers from potential privacy risks flowing from the increasing number of mergers in digital markets.

The article considers how personal data in the digital economy are considered a currency in exchange for online offerings, and how a loss of privacy can be factored into quality competition. It concludes by addressing some of the challenges with incorporating privacy as a non-price parameter in competition analysis.

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