The Role of Competition Regulators in the Domain of Data Privacy

Data processing by businesses in digital markets is being scrutinized, by both Data Protection Authorities and Competition Regulators, albeit for different reasons. Sometimes pro-privacy policies may limit competition while pro- competition measures may dilute privacy. At other times, an initiative to promote one would secure the other. Therefore, depending on the pro-competition measure ordered by the Competition Regulator, the consequence would be that either privacy is strengthened or weakened.Both competition and data protection laws aim to secure consumer welfare, by providing choice to consumers, in digital markets. While it is an objective of competition law to provide choice in terms of businesses; products; and services, choice in sharing personal data is employed by data protection law as the means to achieve the ultimate aim of protecting decisional autonomy (privacy) of digital market users. By enabling consumers to choose, both competition and data protection laws secure freedom of choice in digital markets. This freedom of choice is meaningless when consumers do not have decisional autonomy (privacy of choice) and vice versa. Based on the foregoing premise, the essay submits that the Competition Regulator must ensure that consumers in digital markets have both freedom of choice and privacy of choice. Accordingly, the role of Competition Regulator would be to ensure that A) data protection policies do not limit competition and B) businesses do not employ anti-competitive practices that infringe upon consumer’s privacy