Separating or Integrating? Data Protection in Competition Assessments: A Systematic Literature Review

The dual role of personal data in data protection and competition law has given rise to a complex interplay, sparking debate on whether to incorporate data protection considerations into competition assessments. Through a systematic review of relevant literature between 2014 and 2023, using the PRISMA methodology, this article explores recent shifts in the approach to such considerations in competition assessments. We argue that the debate has gradually centred around two more integrationist approaches, mirroring the ongoing evolution in competition law enforcement. While legal studies, which typically refrain from the most integrationist approaches, still dominate the reviewed literature, interdisciplinary research has grown since 2014 onwards. Ultimately, we identify nine considerations through which data protection might surface in competition assessments, which we classify into five categories. We conclude by making a case for a pragmatic approach, where data protection considerations are considered, guided by data protection law as a normative benchmark.