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ARTICLE · 01 AUGUST 2019

Interaction Between Privacy And Competition Law In A Digital Economy

In a digital economy, there has been an increasing amount of scrutiny regarding technology's impact on consumers and competition. One key question is whether privacy should be considered

CanadaAntitrust/Competition Law

Introduction

In a digital economy, there has been an increasing amount of scrutiny regarding technology's impact on consumers and competition. One key question is whether privacy should be considered a dimension of competition? That is to say, is privacy relevant to the analysis of competitive effects?

Competition law incorporates many non-price dimensions of competition, including innovation, quality, variety, service and advertising. One significant type of non-price effect involving data is privacy. Firms may compete to offer better privacy terms to customers over their competitors. However, consumers have vastly different ideas about how or when they want their data to be used. Some find targeted or behavioural advertising invasive, while others appreciate more relevant ads and receive free products or services in exchange for targeted ads.

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