TSINGHUA CHINA LAW REVIEW
Competition and Data Protection in the Digital Economy: A Comparative Analysis of the EU and China
Created on:2026-02-08 00:08 PV:105
By Arletta Gorecka |18 Tsinghua China L. Rev. (2025) |   |   Download Full Article PDF

Abstract: This article conducts a comparative analysis of competition law and data protection frameworks in China and the European Union, examining how each jurisdiction regulates digital markets, governs personal data, and projects regulatory influence globally. Drawing on China’s Anti-Monopoly Law (AML), the Personal Information Protection Law (PIPL), as well as the EU’s Articles 101 and 102 TFEU and the General Data Protection Regulation (GDPR), the study contrasts the underlying philosophies, institutional designs, enforcement styles, and cross-border implications of the two regulatory systems. It highlights that China’s regulatory model integrates competition policy with national security and industrial objectives, while the EU’s frameworks prioritize market integration and the protection of individual rights. Comparative case studies of digital platforms, involving major technology firms, such as Alibaba, Tencent, Google, Meta, and Didi, demonstrate how each framework operates in practice and how enforcement increasingly intersects with questions of digital sovereignty. The article further assesses the extraterritorial reach of these regimes, the sustainability of the “Brussels Effect" considering recent EU proposals to simplify GDPR rules, and the emergence of a “Beijing Effect” shaped through data localisation mandates and Digital Silk Road initiatives. The conclusion synthesizes areas of divergence and limited convergence, arguing that China and the EU represent two influential yet competing models of digital governance whose interaction will shape the future of global regulatory order.