CELS guest research webinar: dr Inge Graef (Tilburg University) 'Consumer sovereignty and competition law: from personalization to diversity'

A Centre for European Legal Studies seminar
Date8 December 2021
Time15:00 to 16:00
PlaceOnline

You are warmly invited to the CELS guest research seminar that will be delivered by dr Inge Graef (Associate Professor at Tilburg University Law School, the Netherlands) on the topic 'Consumer sovereignty and competition law: from personalization to diversity'. Our guest will present her ideas on the topic of how data-driven technologies are shaping the market to us, some of which have been recently published in the Common Market Law Review (2021 vol 58 issue 2). Please find below the abstract of her paper. As always, it will be lovely to have you attend, brainstorm with our speaker. Please do share the information about this seminar with your students who may be interested either in the topic of data-driven technologies, consumer or competition law!

The webinar will take place via Zoom

Join Zoom Meeting
https://Universityofexeter.zoom.us/j/98499556919?pwd=djVpN2pSWGRkZ0p0THF1MmpmUGJwUT09

Meeting ID: 984 9955 6919
Password: 181386


Abstract

Data-driven technologies provide businesses with ever stronger abilities to engage in behavioural manipulation, steer consumer preferences, and exploit individual vulnerabilities. The article argues that competition law needs to give more prominence to consumer sovereignty and consumers’ freedom of choice in response to the rise in personalized forms of consumer exploitation by dominant firms, whose harm goes beyond the scope of the remedies offered by data protection and consumer law. Analysing the scope to establish exploitative abuses under Article 102 TFEU, the article discusses how personalization challenges current competition concepts, and submits that competition analysis needs to be adapted at the stage of assessing abuse to address competitive harm from personalization. The article proposes recognizing “personalized exploitation” as abuse of dominance by incorporating dynamic consumer vulnerabilities into the competition analysis and by assessing anticompetitive effects against a “personalized welfare standard” of those exploited instead of against the overall consumer welfare.

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