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Marek Szydlo
European Public Law
Volume 15, Issue 2 (2009) pp. 257 – 275
https://doi.org/10.54648/euro2009019
Abstract
The present article focuses on the question of mutual relations between sector-specific regulation (existing on the community level) and general competition law (mainly contained in Articles 81 and 82 of the Treaty and in Regulation No. 139/2004). The author examines the above-mentioned relations on the three following planes: (1) aims of both sets of rules, (2) nature of legal norms (legal rules) included in both sets of rules, and (3) the way of application (modus of enforcing) of the legal norms that are included in both of the discussed sets of rules. The final conclusion is that – against many different opinions – there exists a very advanced convergence in that respect, which may even put into question the very need of the existence of the sector-specific regulation.
Extract
In an era of big data, harms caused by data technologies can no longer be effectively addressed under the predominant regulatory paradigm of individual empowerment. Even a sophisticated consumer cannot fully protect herself against collective harms triggered by others’ privacy choices or by technologies creating competitive harm without processing personal data or targeting individuals. While data protection and competition law can be applied more proactively to address such harms, difficulties are likely to remain. We therefore submit that stronger regulatory interventions are required to target collective, and sometimes competitive, harm from technologies like pervasive advertising, facial recognition, deepfakes and spyproducts.