Competition Law, Data, and Sustainability: A challenging crossroads for Latin America and Chile

Abstract: This article explores the intersection between competition law, sustainability, and data using a “threefold approach”. This approach acknowledges that a comprehensive analysis of competition and sustainability must incorporate the impact of data-driven technologies, and that the relationship between data and sustainability initiatives must consider the boundaries set by competition law. The analysis focuses on the context of Latin America, especially Chile. While it recognizes the importance of monitoring developments in the EU and USA, given the current institutional framework in the region, maintaining a singlemission competition policy is advisable. However, traditional concepts of competition law, such as consumer welfare, quality, and efficiency, can effectively address sustainability concerns and effects, especially when supported by data analysis techniques.

«The normative question of what should be the connection between data, sustainability, and competition law should be answered by each jurisdiction without being a one-fit-for-all solution»