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Towards smarter regulation in the areas of competition, data protection and consumer law: Why greater power should come with greater responsibility
Graef,Inge Van Berlo,Sean
Graef,Inge
Van Berlo,Sean
Abstract
Based on a mix of conceptual insights and findings from cases, this paper discusses three ways in which the effectiveness of regulation in the areas of competition, data and consumer protection can be improved by tailoring substantive protections and enforcement mechanisms to the extent of market power held by firms. First, it is analysed how market power can be integrated into the substantive scope of protection of data protection and consumer law, drawing inspiration from competition law’s special responsibility for dominant firms. Second, it is illustrated how more asymmetric and smarter enforcement of existing data protection rules against firms possessing market power can strengthen the protection of data subjects and stimulate competition based on lessons from priority-setting and cooperation by consumer authorities. Third, it is explored how competition law’s special responsibility for dominant firms can be further strengthened in analogy with the principle of accountability in data protection law. Similarly, it is discussed how positive duties to ensure fair outcomes for consumers are developed in consumer law. The analysis offers lessons for improving the ability of the three regimes to protect consumers by imposing greater responsibility on firms with greater market power and thus posing greater risks for consumer harm.
Description
Date
2021-09-12
Journal Title
Journal ISSN
Volume Title
Publisher
Research Projects
Organizational Units
Journal Issue
Keywords
Special responsibility, Risk-based approach, Enforcement priorities, Positive duties, Asymmetric regulation
Citation
Graef, I & Van Berlo, S 2021, 'Towards smarter regulation in the areas of competition, data protection and consumer law : Why greater power should come with greater responsibility', European Journal of Risk Regulation, vol. 12, no. 3, pp. 674-698. https://doi.org/10.1017/err.2020.92
License
info:eu-repo/semantics/openAccess