When two worlds collide: The interface between competition law and data protection

In his seminal article ‘The Limits of Antitrust’, Easterbrook argued that ‘when everything is relevant, nothing is dispositive’; therefore, when applying competition law, judges should resort to clear presumptions rather than balancing the pro- and anti-competitive effects of particular conduct.1 In the intervening 20 years, much ink has been spilled on the issue of whether competition law should take into consideration wider policy objectives.2 This discussion has been given renewed impetus in recent months following the publication of a ‘preliminary opinion on the intersection of data protection, consumer protection and competition law’ in March of this year by the European Data Protection Supervisor (EDPS).3 The publication of this report was followed by a workshop held under Chatham House rules in Brussels in June, a summary of which was published by the EDPS in July.