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The article highlights the significant impact of Generative Artificial Intelligence (GenAI) on market and regulatory developments, particularly since the launch of ChatGPT in November 2022. It explores the challenges and competition concerns related to computing resources, machine learning models, and data in the GenAI value chain, emphasizing the need for regulatory scrutiny and cooperation among competition authorities globally.

Antitrust cases related to privacy are on the agenda of many competition authorities, including Europe and the United States. Antitrust and privacy is thus "one of the big topics of the year", as stated by the former President of the French competition authority. While some antitrust cases concern a reduction in privacy protection, others concern an increase in privacy protection. In other words, user privacy can decrease or increase due to alleged anticompetitive practices. An antitrust privacy dilemma? From a law and economics standpoint, the paper solves this dilemma and proposes a new way of resolving antitrust cases related to privacy. Section 2 analyses the dilemma. It proposes an analytical framework. Section 3 proposes a new way of resolving cases. It suggests a coordinated participative approach with competition and non-competition regulators and stakeholders to address competition and privacy concerns with tailored remedies to what is necessary without eliminating pro-privacy effects. [ABSTRACT FROM AUTHOR]

The article reviews the 2017 Facebook investigations in Europe by competition, consumer and data protection authorities about the data transfer from WhatsApp to Facebook and the recent preliminary assessment by the Bundeskartellamt of the Facebook case for having abused its dominant position by breaching data protection rules. The article examines the theory of harm and the need to integrate privacy issues in any data-driven antitrust and merger cases. Finally, the article argues that competition, consumer and data protection agencies must collaborate to better protect the consumer and the competition in the Big Data age. [ABSTRACT FROM AUTHOR]