- Market power — Rights — Internet — Technology
This chapter describes the difficulty in incorporating the intangible, non-economic injury from invasions of privacy interests into the analysis of competition agencies with regards to Big Data. The intersection of privacy and competition law raises several looming, unresolved issues. One unresolved issue is defining privacy. Another issue is whether and when there is a need to show harm, and if so, what type of harm. Even if competition authorities could identify the privacy interest and harm, a third unresolved issue is how competition agencies and courts should balance privacy interests with other interests. Privacy interests are rarely absolute. Once competition policy is added into the mix, privacy interests at times can be difficult to reconcile with other interests, such as promoting economic efficiency.