Comments by the Business at OECD (BIAC) Competition Committee to the OECD Competition Committee

Given the diversity of privacy and competition laws across jurisdictions and the constant evolution in related jurisprudence, competition authorities and data protection authorities must navigate the intersection of these domains with caution. [...] According to the EC, such foreclosure strategies could reduce competition in the market for the supply of customer relationship management (CRM) software and the market for the supply of customer service and support of CRM software, leading to higher prices, lower quality, and less innovation. [...] The 2023 landmark decision in Meta Platforms by the CJEU highlighted the intricate relationship between privacy and competition law in the EU.21 The judgment brought forward several points that have had a significant impact, not only on the privacy and data protection landscape of the EU, but also on the scope of the national competition authorities’ powers. [...] Most of these forms of cooperation can be found in practice: • Cooperation and information sharing: in 2023, the Turkish Personal Data Protection Authority and the Turkish Competition Authority signed a cooperation and information-sharing protocol to ensure more effective enforcement of the respective laws by way of carrying out joint work in cases that fall within the competence of both authoriti. [...] By implementing these recommendations, competition and privacy authorities might be able to better navigate the complexities of the digital economy and protect the interests of consumers and markets alike.