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“Relationship status: It’s complicated” The interaction of competition law and data protection law in the light of the German Facebook case and the integrationist theory

Szymanek, Agata LU (2023) JAEM01 20231
Department of Law
Faculty of Law
Abstract
This thesis aims to present the relationship between competition law and data protection law in the digital market. The paper illustrates the economic background that creates certain conditions for the interplay between the bodies of law. The emergence of the digital economy with platform-based business models is a challenge that cannot be tackled within a single system. Therefore, the paper presents opposing theories, which address the problem of privacy violation in the internal market. The separatist and integrationist approaches will be introduced together with the relevant case law from which the views are derived. Subsequently, the paper analyses the strengths and weaknesses of the integrationist theory applied by the German... (More)
This thesis aims to present the relationship between competition law and data protection law in the digital market. The paper illustrates the economic background that creates certain conditions for the interplay between the bodies of law. The emergence of the digital economy with platform-based business models is a challenge that cannot be tackled within a single system. Therefore, the paper presents opposing theories, which address the problem of privacy violation in the internal market. The separatist and integrationist approaches will be introduced together with the relevant case law from which the views are derived. Subsequently, the paper analyses the strengths and weaknesses of the integrationist theory applied by the German competition authority in the German Facebook case. The purpose of the assessment is to examine the consequences of using the GDPR as a normative point of reference in competition law. Finally, the thesis presents de lege ferenda solutions to the problem of overlapping competition law and data protection law. (Less)
Please use this url to cite or link to this publication:
author
Szymanek, Agata LU
supervisor
organization
course
JAEM01 20231
year
type
H1 - Master's Degree (One Year)
subject
language
English
id
9120679
date added to LUP
2023-06-08 14:52:47
date last changed
2024-03-07 13:09:55
@misc{9120679,
  abstract     = {{This thesis aims to present the relationship between competition law and data protection law in the digital market. The paper illustrates the economic background that creates certain conditions for the interplay between the bodies of law. The emergence of the digital economy with platform-based business models is a challenge that cannot be tackled within a single system. Therefore, the paper presents opposing theories, which address the problem of privacy violation in the internal market. The separatist and integrationist approaches will be introduced together with the relevant case law from which the views are derived. Subsequently, the paper analyses the strengths and weaknesses of the integrationist theory applied by the German competition authority in the German Facebook case. The purpose of the assessment is to examine the consequences of using the GDPR as a normative point of reference in competition law. Finally, the thesis presents de lege ferenda solutions to the problem of overlapping competition law and data protection law.}},
  author       = {{Szymanek, Agata}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{“Relationship status: It’s complicated” The interaction of competition law and data protection law in the light of the German Facebook case and the integrationist theory}},
  year         = {{2023}},
}