The interface between competition law and data protection : the need for a more integrated approach

Abdul Rahman, Nasarudin and Setyawati, Ria (2026) The interface between competition law and data protection : the need for a more integrated approach. Media Iuris, 9 (1). pp. 181-212. ISSN 2721-8384 E-ISSN 2621-5225

Preview

PDF - Published Version Download (7MB) | Preview

Abstract

This article examines the growing interface between competition law and data protection in the digital economy, where large platforms accumulate vast datasets that raise both antitrust and privacy concerns. Using a qualitative doctrinal and comparative legal approach, this study analyzes legal developments in the EU, Germany, Malaysia and Indonesia to highlight tensions and complementarities between the two regulatory regimes. The paper finds that data-driven market dominance requires regulators to assess practices such as self-preferencing, refusal to supply, and exploitative data processing through both privacy and competition lenses. Case analyses from Facebook and Google illustrate how dominance in digital ecosystems can harm users and stifle competition. In the Malaysian context, the article critiques the limitations of the current legal framework, including the Competition Act 2010 and PDPA 2010, and calls for integrated regulatory reforms. In the Indonesian context, the analysis focuses on the application of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, which, despite not explicitly regulating data, provides an effects-based framework to address data-driven market power, self-preferencing, refusal to supply, and exploitative conduct in digital markets. The findings advocate for a balanced, coordinated framework that addresses the complexities of data governance while fostering innovation, fairness, and user autonomy

Item Type:	Article (Journal)
Uncontrolled Keywords:	Competition Law, Data Protectin, Ex Ante, Big Data, Digital Economy
Subjects:	K Law > K Law (General) K Law > K1001 Commercial Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr Nasarudin Abdul Rahman
Date Deposited:	06 Mar 2026 16:09
Last Modified:	06 Mar 2026 16:09
Queue Number:	2026-03-Q2478
URI:	http://irep.iium.edu.my/id/eprint/127822

Actions (login required)

View Item