Year: 2025
Type: article
Abstract: The near impossibility of consent in digital spheres is discussed, considering factors such as information asymmetries, behavioural economics, and choice architecture. The DMA, specifically Article 5(2), attempts to remedy this problem, but as it still relies upon the GDPR standard of consent, it is not fully effective, exemplified by Meta’s loopholes via its subscription service. As an effective solution using the GDPR standard of consent, a pre-designed choice screen could be imposed, with minimal options for accepting data processing activities such as ‘Accept All’ or ‘Accept Only Essential’. Under the DMA, a new, stricter standard of consent could be considered with the consent factors in mind involving automatically using the minimal data processing settings, with a pre-designed choice screen shown to consumers with the options of ‘Accept’ or ‘Change Settings’, providing the choice to include more data-processing activities. ‘It’s free and always will be’ was Facebook.com’s tagline for nearly two decades. Meta’s decision to start not one but two subscription services in its run (and subsequently changing the tagline) tells you that over its years it has not been immune to competition or competition regulation. Arguably, however, the original sentiment has never been true, when the consumer has been paying for every click, scroll, and tap with their data. Understanding of this ad-supported business model and the ever-increasing power of the ‘Big Tech’ firms underscores the importance of antitrust to mitigate any harmful effects. A slew of antitrust cases against them have occurred over the years, with varying degrees of success. Part of the problem was that new business brought new harms, but old tools and theories were used to address them. Recent legislation has helped,1 but traditional competition law still requires a better grasp of the workings of digital markets for a complete and effective analysis, beginning with the importance of consent over data choices. This thesis argues for a stricter standard of consent for digitally dominant firms such as Meta,2 through Article 102 of the Treaty on the Functioning of the European Union (TFEU). The abuse in question involves failing to give consumers adequate choice over their data settings, violating General Data Protection Regulation (GDPR) consent requirements.3 Given the power of data in digital markets, unlimited data collection can serve to maintain and abuse a dominant position, causing a loss of consumer via a loss of consumer The solution in when consumers can consent and their the loss of is a of data and over it be in of abuse in ‘Big have competition the have the to their through markets, and as competition this be to The of has to for more and to this new and considering new factors in competition analysis, data. This with the of of the European Union that competition can data in abuse of cases Article A is their through data them to more more and in this with ad-supported business have in abuse of and to as data as as it with This thesis will the of data in digital markets a on consumer choice and will the of choice in competition choice to consumer will in digital markets, as and for more choice to loss of consumer specifically data settings, as data is the and of The choice will be will factors consent in digital markets, that the GDPR in consent will the decision Article of the will the using the factors in and Meta’s the Given the of consent, it will that Article fully an abuse of choice as a to consumer Article 102 will to to better consent, consumer The solution involves a pre-designed choice screen for an effective of choice will be discussed, to and the will be considered the for its to a traditional antitrust the standard used to for by by or more consumer choice was to the years, however, with the of digital such as choice has the as a in and The has for their by of to This decision was in in subscription in the of an effective choice for to a of consumer The and cases in to as the to is that choice is the consumer by and choice the of choice is and this can be by that a better its it could that choice and the of the choice screen is not in competition a of the to using it as a of consumer and choice to the the the importance of a with better that is an for in on can be as a of consumer This will on specifically as a for consumer in as this is the of the to and on better The with the choice that the consumer has their settings, and a solution in this could the of consumer choice is the of consumer competition it has been with two a of options for the consumer and the to This the choice consumers a and the in that this and theories of of consumer data and will is considering of and the on competition this choice is two and the of the consumer choice specifically in digital markets such as the of and digital when using consumers with the choice will be to is choice the that could against the of over and data collection The consumer is with or any of their and to on and a for considering that and this in such when with a of on a as of of in traditional still the to choice on such of The question of is is but the is to of the original markets the digital has to to new the in to the Meta’s and the consumer and it the more for a free choice to be the consumer is of the A that when for an and with as the can be in more more new in the choice and competition as dominant have a data their through for the as the of and was not the and Meta’s is that not new by them is the importance of data collection Meta’s is that to stricter antitrust the dominant not be violating antitrust law or that still in the the be as them choice consumer data is used and be considered as this is the consumer has the but is markets and the digital effects. 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Author: Naimy Paul
Institution: Tilburg University
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $4,850
Funder: Universiteit van Tilburg
OpenAlex ID: W4413095536