This paper attempts to provide a legal framework wherein the data protection law and competition law can come together to provide a balance in regulating digital markets.
Author
Pankhudi Khandelwal, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
Zero-price markets have become important in the present digital society. The revenue models of Facebook and Google use targeted advertising for revenues. Due to the provision of services at zero prices, these entities are able to gain dominance in the market. However, it can be argued that zero-price products are not free as consumers “pay” in the form of attention to the targeted advertisements.
Zero-price markets, therefore, can have anti- competitive effects where the dominant companies can abuse their dominance. This can be harmful to the consumers in the form of less privacy, less choices and stifling innovation.
While the data protection law deals with the protection of personal data, this data is acquired by the companies on the basis of consent, performance of a contract or legitimate interests.
Therefore, the research paper aims to provide a legal framework wherein the data protection law and competition law can come together to provide a balance in regulating digital markets.
The research paper suggests ex-ante regulation through data protection law and ex-post regulation through competition law for effective protection of privacy.
Published in: Indian Competition Law Review
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