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Collusion by pricing algorithms in competition law and economics
This working paper analyses why repricing algorithms can facilitate anti-competitive coordination. Acknowledging the limitations of EU competition law against collusion by autonomous algorithms, the authors qualify the antitrust concern through the economics and computer science...
This chapter discusses the relationship between the DMA and the GDPR, focusing on the users’ consent as a lawful basis to the processing activities of data combination and cross-use under Art. 5(2) DMA. Authors argue that the DMA represents a lex specialis in comparison to the GDPR.
Abstract
On 6th September 2023, the European Commission designated the first ‘digital gatekeepers’ under the Digital Markets Act (DMA). In March 2024, the designated firms have submitted a report, explaining how they have complied with the DMA obligations. Under Art. 5(2), gatekeepers cannot combine and cross-use data collected from different services provided within their digital eco-system. However, Art. 5(2) DMA offers some exceptions to this general prohibition: data combination, in fact, is possible if the end-user provides his/her ‘consent’ to such data combination, to benefit from more personalized services/advertisement from the gatekeeper. In particular, the users’ consent should comply with the requirements of Article 7 of the General Data Protection Regulation (GDPR). The paper discusses the relationship between the DMA and the GDPR, focusing on the users’ consent as a lawful basis to the processing activities of data combination and cross-use under Art. 5(2) DMA. The paper argues that the DMA represents a lex specialis in comparison to the GDPR. Therefore, while respecting the general criteria indicated by Art. 7 GDPR, the user’s consent under Art. 5(2) DMA should be ‘adjusted’ to the peculiarities of the Digital Markets Act.