The Interrelation between Privacy and Competition Law with Special Regard to the Obligations under the Digital Markets Act

Abstract

The study analyses the relationship between privacy and competition law, with a particular focus on digital platforms. Digital technology is the fundamental backbone of all sectors of the modern economy. The digital platform economy is characterised by the dominance of large tech giants, acting as gatekeepers in the digital market for business users and end-users of certain products and services. Accordingly, the paper seeks to illustrate some of the regulatory efforts and the necessary link between privacy and competition law in digital markets by focusing on the failures and problems of the digital marketplace. Thus, the article first provides a brief overview of the role of data in competition law assessments. Then, the study proceeds to introduce the regulatory concept of the Digital Markets Act. Finally, the article analyses the privacy- relevant obligations of the Digital Markets Act, comparing the European Commission’s original proposal and the regulatory standpoints of the European Parliament and the Council of the European Union.