Abuse of Dominance in Non-Negotiable Privacy Policy in the Digital Market

摘要

Personal data and its use have become the front-line of businesses in the digital market. With the potential to be extracted for information, making this available for various purposes, big data transforms into a powerful tool for data controllers for effective marketing, defining strategic business decisions, and establishing a strong foothold in the market. The use of personal data for targeted marketing exemplifies this. While privacy has been subject to the regime of privacy protection, privacy violation might entangle competition law analysis when it involves abuse of market dominance. This paper addresses these problems by discussing three key issues: first, how competition law addresses the use of personal data as the new frontier of innovation and competition; second, whether big data plays a role to qualify dominance; and third, if non-negotiable policy on privacy infringes the prohibition of dominance abuse under competition law.