From Ground Reality To Theory: How Data Privacy Has Used Itself A Yardstick For Competition Law

Aashka Vyas, O.P. Jindal Global University, Jindal Global Law School

ABSTRACT

Antitrust theory sees data privacy as benefiting from competition; however, this paper argues that such a stance overlooks the complex interplay between antitrust principles and data privacy concerns. In reality, data privacy has evolved into its own legal realm over the past twenty-five years. Consequently, it can intersect and sometimes clash with antitrust, akin to how intellectual property or consumer protection laws have in the past. This paper sheds light on the intricate dynamics at the junction of antitrust and data privacy, offering insights into the emerging tensions. It provides a descriptive, historical, and comparative analysis of the conflicts arising between these legal spheres in the digital economy, where data accessibility can simultaneously drive competition and compromise privacy. Furthermore, the paper introduces a fresh approach to assess conflicting interests between data privacy and competition, one aimed at balancing the objectives of both legal domains.

Keywords: data privacy, antitrust, competition, interface, big tech, digital market, control over data, data protection.