Coherence between Data Protection and Competition Law in Digital Markets
Klaudia MAJCHER
Availability: Out of stock - available in 10 open days
- Categories: Competition Law
- Publisher: OUP - Oxford University Press
- ISBN: 9780198885610
- Publication Date: 13/10/2023
- Binding: Paperback
- Number of pages: 336
Summary
In digital markets, data protection and competition law affect each
other in diverse and intricate ways. Their entanglement has triggered a
global debate on how these two areas of law should interact to
effectively address new harms and ensure that the digital economy
flourishes. Coherence between Data Protection and Competition Law in Digital Markets offers
a blueprint for bridging the disconnect between data protection and
competition law and ensuring a coherent approach towards their
enforcement in digital markets.
Specifically, this book focuses
on the evolution of data protection and competition law, their
underlying rationale, their key features and common objectives, and
provides a series of examples to demonstrate how the same empirical
phenomena in digital markets pose a common challenge to protecting
personal data and promoting market competitiveness. A panoply of
theoretical and empirical commonalities between these two fields of law,
as this volume shows, are barely mirrored in the legal, enforcement,
policy, and institutional approaches in the EU and beyond, where the
silo approach continues to prevail. The ideas that Majcher puts forward
for a more synergetic integration of data protection and competition law
are anchored in the concept of 'sectional coherence'. This new
coherence-centred paradigm reimagines the interpretation and enforcement
of data protection and competition law as mutually cognizant and
reciprocal, allowing readers to explore, in an innovative way, the
interface between these legal fields and identify positive interactions,
instead of merely addressing inconsistencies and tensions. This book
reflects on the conceptual, practical, institutional, and constitutional
implications of the transition towards coherence and the relevance of
its findings for other jurisdictions.
Table of contents
1:An Overview of EU Data Protection and Competition Law
2:Common Objectives and the Triple Challenge
3:Mapping the Interactions: Status Quo
4:Sectional Coherence as a New Paradigm
5:A Competiton Law Perspective on Sectional Coherence
6:A Data Protection Law Perspective on Sectional Coherence
7:The Big Picture