The Interface Between Competition Law and Data Privacy Law : Violation of Privacy As an Exploitative Theory of Harm under Article 102 TFEU.

Format:

Book

Author/Creator:

Gorecka, Arletta.

Series:

Law and Criminology Series

Language:

English

Subjects (All):

Data protection.

Privacy, Right of.

Physical Description:

1 online resource (239 pages)

Edition:

1st ed.

Place of Publication:

Cham : Springer, 2024.

Summary:

This book by Arletta Gorecka examines the intersection between competition law and data privacy law, focusing on how privacy violations can constitute an exploitative theory of harm under Article 102 of the Treaty on the Functioning of the European Union (TFEU). The author analyzes the power dynamics of Big Tech firms, their data collection practices, and the implications for privacy and competition in digital markets. The book argues that while traditional competition law may not immediately address privacy breaches, the misuse of personal data by dominant firms can lead to significant competitive harm. The research explores how EU competition law can adapt to address these challenges and emphasizes the importance of protecting individual privacy as a fundamental aspect of preventing exploitative abuse of market dominance. Generated by AI.

Contents:

Acknowledgements

About the Book

Contents

Abbreviations

List of Figures

Chapter 1: Introduction

1.1 Purpose of This Research

1.2 Setting the Context

1.2.1 Mapping the Current Landscape: Navigating Article 102 TFEU and Privacy

1.2.2 Article 102 TFEU and Digital Markets Act

1.3 Hypothesis

1.4 Structure and Methodological Remarks

Cases, Report, Acts

References

Chapter 2: Competition Law and Privacy: A New Interface

2.1 Introduction

2.2 The Existing Theories on Relationship Between Competition Law and Privacy

2.2.1 Separatist and Integrationist Views

2.2.2 Theory of Value Pluralism

2.2.2.1 Assessing Privacy-as-Quality Theory

2.3 From Theory to Practice: Pluralism of Article 102 TFEU

2.3.1 Article 102 TFEU and the Value Pluralism: Preliminary Observations

2.3.2 Re-thinking Article 102 TFEU for the Digital Economy

2.3.2.1 Exploitative vs Exclusionary Theory of Harm

2.4 Interim Conclusions

Chapter 3: Article 102 TFEU and Privacy Violations: On the Way to Regulatory Hybrid?

3.1 Introduction

3.2 Institutional Jurisprudence: Overview Generated by AI.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9783031738654

3031738659

OCLC:

1468047757