Taming Tech Giants: The Neglected Interplay Between Competition Law and Data Protection (Privacy) Law

Abstract

The debate about the economic power of large tech firms has led to the insight that due to the key role of personal data on large digital platforms competition and privacy issues are deeply intertwined. This leads also to a complex relationship between competition law and data protection (or privacy) law, and—also from an economic perspective—the need for policy-makers to take into account the interplay between both legal regimes. This article analyzes current discussions about (1) how to integrate privacy effects into traditional competition law and (2) the far-reaching reform discussions about taming the power of the large tech firms, for example, the Digital Markets Act in the European Union or the new antitrust discussion in the United States, with respect to the question whether and to what extent they take into account this interplay between competition policy and data protection (or privacy) law. It is surprising that also the second reform discussion, which directly intends to target the power of the large tech firms, does not take into account sufficiently this interplay and the ensuing need for a more collaborative approach between these policies. Therefore, the opportunities of developing a more effective joint strategy for achieving better both competition and privacy are still missed.