The intersection of data privacy and competition law : a comparative analysis of the United States and the European Union’s responses to Facebook’s data collection

Data privacy came to the forefront of public consciousness in March 2018, with the revelation that the data of upwards of 87 million accounts was misused due to a lack of privacy protections. Furthermore, the release of confidential court documents detailing years of anticompetitive conduct by Facebook, largely helped by the amount of data it has access to, through ways that many are beginning to characterise as immoral. The intersection of data privacy and competition law is a relatively new issue, but one that will have a significant impact in the coming years. Investigations into Facebook’s conduct by the United States and the European Union will determine if the social media giant, and by extension, any other companies that collect large amounts of data, will adjust or maintain its data-gathering practices.