This project tries to identify the links between competition policy and gender equality and to pave the way towards a cross-pollination between gender equality and competition law.First, it will show similarities in the underlying goals and the design of both legal frameworks. Both disciplines can learn from each other while pursuing their respective goals of undistorted competition and equality and non-discrimination.
Second, it will show how on the one hand, the enforcement architecture and practice of competition policy can inform and improve the enforcement of gender equality law and onthe other hand, how a gender lens can inform the decision making process of competition authorities for questions such as market definition.
Third, I will argue that the increased use of algorithms and machine-learning in products and services could have both anti-competitive and discriminatory effects. Price discrimination or discrimination on the basis of sex might be caused by automated decision making or machine learning, which needs to be assessed both from a competition law and gender equality law perspective.
Fourth and finally, this calls on both competition and gender equality authorities to join forces and cooperate on issues of mutual interest and benefit. A forum of exchange that brings staff working on competition policy and gender equality at the table to understand the applicable legal rules in the other field will familiarize and enrich both enforcers for theirdaily work.