Listening yesterday to the EDPB–European Commission stakeholder discussion on the interplay between competition law and data protection, I was struck by how deeply entrenched certain ways of thinking remain. On the positive side, the DMA has undoubtedly served as a laboratory for the kind of cross-disciplinary learning which is needed. Its implementation has forced both communities to confront questions that cannot be adequately addressed from within either discipline alone. In many respects, this is where some of the most interesting intellectual and regulatory evolution has taken place.
In the broader competition policy/data protection arena, what we need now is not simply more cooperation between authorities, or further guidance on how two distinct legal frameworks interact. We need something more fundamental: an evolution in the way each discipline thinks, incorporating insights from the other into its own analytical framework. And with AI reshaping both the uses of data and the sources of market power, this intellectual evolution is becoming increasingly urgent.
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