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Digital markets are spaces shaped by economic forces of supply and demand. However, digital markets can also be characterized as societal spaces where individuals interact, co-create content, and develop and share their ideas, implicating human rights and democratic values. The digitization of societal activities, reflected in the emergence of digital markets, makes it more challenging to disentangle the economic from the civic and political. The data generated and diffused in digital markets has economic value, subsidising the provision of digital content and services, but also more inherent dignitary value, allowing those who utilize this data to gain insights into individuals and groups and to influence and mould their behaviour and opportunities. To what extent then should the application of the law, in particular data protection and competition law, reflect this interdependence of economic and broader societal factors in digital markets?
Attention to this question has intensified from policy-makers and scholars across the world since it was raised in the EU by the European Data Protection Supervisor in 2014. While dissenting voices remain, there is a now vast academic and policy literature documenting the potential touchpoints between data protection and competition law, in particular merger control and constraints on monopoly power. Majcher encapsulates this work by highlighting the common objectives pursued by these legal regimes as well as by mapping the ways in which they currently interact. The interaction remains stubbornly limited, with the theoretical connections between data protection and competition law largely failing to translate into more integrated practical outcomes. This suggests that more needs to be done to convince regulators and legislatures of the need for such coherence between legal fields. It is here that Majcher’s work breaks from previous research in an important and original move.
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