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  • Maurice Stucke

What's the Relationship between Privacy and Competition?

While a Senior Policy Advisor at the FTC, I coordinated with other jurisdictions’ competition authorities in drafting the International Competition Network Steering Group’s draft report: Competition Law Enforcement at the Intersection between Competition and Privacy: Agency Considerations. The report outlines at least four categories of the privacy/competition relationship and provides a checklist of issues and questions for competition agencies to consider in assessing this relationship in any conduct enforcement, merger, remedy, or policy matter.

On October 19, I presented the draft report to the heads of over 100 competition authorities at the 2023 ICN Annual Conference in Barcelona’s historic neoclassical building, the Llotja de Mar. In the morning session, the heads of Germany’s and India’s competition authorities Andreas Mundt and Ravneet Kaur, as well as the former head of the UK competition authority John Fingleton discussed the report.

In the afternoon breakout session, I further discussed with Andrea Coscelli, the most recent head of the UK’s competition authority, Prof. Anna Gerbrandy of the Europa Institute of Utrecht University School of Law, Teresa Moreira of the United Nations Conference on Trade and Development, and Prof. Rupprecht Podszun of Heinrich Heine University, Düsseldorf the draft report, which prompted further discussion and feedback from the chairs of competition agencies in the audience.

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