Antitrust Chronicle – Data Protection

Antitrust Chronicle – Data Protection

Dear Readers, For the second CPI Antitrust Chronicle for February 2019, we turn to a very “spannendes Thema”…the intersection of data protection and antitrust laws. This is a subject that has been “intensiv diskutiert,” especially after the recent, highly anticipated, news from Germany’s Bundeskartellamt in its Facebook ruling. We have a great group of articles […]

CPI Talks…

CPI Talks…

…with Terrell McSweeny –  In this month’s edition of CPI Talks… we have the pleasure of speaking with Terrell McSweeny. Ms. McSweeny is a partner at Covington & Burling LLP, a former Commissioner of the Federal Trade Commission, and a distinguished fellow at Georgetown Law’s Institute for Technology Law & Policy. Additionally, she has held […]

This is Not an Article on Data Protection and Competition Law

This is Not an Article on Data Protection and Competition Law

By Giovanni Buttarelli –  Privacy, data protection, and competition law originate from the same creative energy. They concern the protection of those realms allowing human beings to meaningfully exercise their rights and freedoms. The FCO’s decision on Facebook marks an important step in looking at data protection as a benchmark for competition enforcement. The osmosis […]

Privacy and Competition: Friends, Foes, or Frenemies?

Privacy and Competition: Friends, Foes, or Frenemies?

By Maureen K. Ohlhausen –  The debate about data-rich tech companies has led to calls for changes to consumer privacy law, competition law, or both. Europe has adopted the General Data Protection Regulation, limiting the collection, use, and sharing of consumer data, which may raise competitive hurdles for some players. It also includes a data […]

The Brazilian Data Protection Policy and its Impacts for Competition Enforcement

The Brazilian Data Protection Policy and its Impacts for Competition Enforcement

By Vinicius Marques de Carvalho & Marcela Mattiuzzo –  This article presents the key aspects for discussing the interface between data protection and competition policy in Brazil. In sum, it argues that the success and evolution of the Brazilian Data Protection Policy is paramount for the appropriate assessment of data-related issues by the antitrust authority. […]

Data Protection and Antitrust: New Types of Abuse Cases? An Economist’s View in Light of the German Facebook Decision

Data Protection and Antitrust: New Types of Abuse Cases? An Economist’s View in Light of the German Facebook Decision

By Justus Haucap –  Many services on the Internet are seemingly offered for free. People do not have to pay for them, at least not with money. The present article argues that it is rather difficult to conceive what use of data would constitute an exploitative abuse of market power in these markets – the […]

The German Facebook Case – Towards an Increasing Symbiosis Between Competition and Data Protection Laws?

The German Facebook Case – Towards an Increasing Symbiosis Between Competition and Data Protection Laws?

By Dr. Jörg Hladjk, Philipp Werner & Lucia Stoican –  The outcome of the German Facebook proceedings is of much interest for the development of both EU competition and data protection laws. It will most likely set a precedent, since it is the first time that an infringement of data protection rules will be examined […]

Facebook’s Abuse Investigation in Germany and Some Thoughts on Cooperation Between Antitrust and Data Protection Authorities

Facebook’s Abuse Investigation in Germany and Some Thoughts on Cooperation Between Antitrust and Data Protection Authorities

By Peter Stauber –  On February 7, 2019, the German Federal Cartel Office (“FCO”) concluded its investigation into Facebook for abusing its market dominant position by means of its terms of service governing the scope of its data collection practices. As a result, the FCO ordered Facebook to undertake significant changes to the terms of […]

Antitrust and Data Protection: A Tale with Many Endings

Antitrust and Data Protection: A Tale with Many Endings

By Filippo Maria Lancieri –  This paper will consider whether the current approach to the secrecy of leniency documents enshrined in the 2014 EU Antitrust Damages Directive strikes an appropriate balance between maintaining the effectiveness of public enforcement and securing the right of access to justice for antitrust victims. It will argue that having a […]