The Controversial Interface between Competition and Data Protection Law - An Analysis of Privacy Concerns in the context of Merger Control

Sammanfattning: In the digital market, data has become an invaluable asset that businesses strive to achieve. Since most of the data acquired is personal data, current legal and academic debates have begun to investigate whether and how privacy is addressed within the context of merger control. The purpose of this thesis is to shed light on the role of competition law in safeguarding consumers from potential privacy breaches. It examines various competition rulings to determine how adjudicators have incorporated privacy concerns in data-driven mergers assessment. It further seeks to explore ways to fit the protection of personal data into merger or acquisition control by analyzing and interpreting the relevant legal instruments. The paper concludes that privacy concerns might prevent or shape a merger when the two legal fields overlap. The research further found that data protection consideration might be assessed in the merger process to the extent that it is viewed as an aspect of consumer welfare or if Member States consider it as a legitimate interest under the Merger Regulation. Finally, this thesis concludes that Digital Markets Act serves as a tool to connect the dots and bridge the gap between competition and data protection law.