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The Interface between Competition Law and Data Privacy Law [electronic resource] : Violation of Privacy as an Exploitative Theory of Harm under Article 102 TFEU / by Arletta Gorecka.

By: Contributor(s): Material type: TextPublisher: Cham : Springer Nature Switzerland : Imprint: Springer, 2024Edition: 1st ed. 2024Description: XVII, 229 p. 1 illus. online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9783031738654
Subject(s): Additional physical formats: Printed edition:: No title; Printed edition:: No title; Printed edition:: No titleLOC classification:
  • KJE2041-2635
Online resources:
Contents:
Introduction -- Competition law and privacy: a new interface -- Article 102 TFEU and Privacy Violations: on the way to regulatory hybrid? -- Effectiveness of competition law in dealing with privacy-related harms -- Addressing Privacy Violations and Competition Law through Integration and Separation: can we achieve a nexus? -- Conclusions.
In: Springer Nature eBookSummary: This book assesses the extent to which the current EU competition law framework can incorporate privacy-related theories of harm. Specifically, it evaluates the importance of protecting individual privacy in establishing exploitative abuse of dominance under Article 102 TFEU. The book explores scenarios where Big Tech firms exploit their dominant positions through excessive data collection or limiting consumer choice, thereby harming competition and directly affecting user well-being. It posits that zero-priced business models of online platforms and the ubiquity of data generation create strong incentives to acquire and process consumer data, which can harm digital consumers' privacy. The book assesses how the existing EU competition law framework can address and regulate exploitative abuses, particularly concerning the protection of individuals' privacy. Importantly, this book argues that competition law might recognize privacy-related harms as forming exploitative theories of harm under Article 102 TFEU. Article 102 TFEU offers flexibility and can be applied to a broader range of unfair practices. Article 102 TFEU emphasizes enhanced transparency and predictability, aiming to prevent abuses of dominant positions that could undermine healthy competition, to the detriment of consumers and other market participants. This book provides a comprehensive analysis of how the existing EU competition law framework can address the evolving challenges at the intersection of competition and privacy, ultimately seeking to protect consumer welfare and ensure fair competition in the digital economy.
Item type: List(s) this item appears in: Titluri cărți electronice Springer Nature 2025 (10631 titluri)
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Introduction -- Competition law and privacy: a new interface -- Article 102 TFEU and Privacy Violations: on the way to regulatory hybrid? -- Effectiveness of competition law in dealing with privacy-related harms -- Addressing Privacy Violations and Competition Law through Integration and Separation: can we achieve a nexus? -- Conclusions.

This book assesses the extent to which the current EU competition law framework can incorporate privacy-related theories of harm. Specifically, it evaluates the importance of protecting individual privacy in establishing exploitative abuse of dominance under Article 102 TFEU. The book explores scenarios where Big Tech firms exploit their dominant positions through excessive data collection or limiting consumer choice, thereby harming competition and directly affecting user well-being. It posits that zero-priced business models of online platforms and the ubiquity of data generation create strong incentives to acquire and process consumer data, which can harm digital consumers' privacy. The book assesses how the existing EU competition law framework can address and regulate exploitative abuses, particularly concerning the protection of individuals' privacy. Importantly, this book argues that competition law might recognize privacy-related harms as forming exploitative theories of harm under Article 102 TFEU. Article 102 TFEU offers flexibility and can be applied to a broader range of unfair practices. Article 102 TFEU emphasizes enhanced transparency and predictability, aiming to prevent abuses of dominant positions that could undermine healthy competition, to the detriment of consumers and other market participants. This book provides a comprehensive analysis of how the existing EU competition law framework can address the evolving challenges at the intersection of competition and privacy, ultimately seeking to protect consumer welfare and ensure fair competition in the digital economy.

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