In the latest blow to Facebook’s parent company Meta, an adviser to the European Union’s top court said Tuesday national competition regulators can investigate data protection complaints.
Advocate General Athanasios Rantos wrote in a nonbinding opinion for the European Court of Justice that the German Federal Cartel Office, or the Bundeskartellamt, can asses whether the social media monolith complied with EU data privacy regulations.
“The compliance or non-compliance of that conduct with the provisions of the GDPR [General Data Protection Regulation] … may be a vital clue as to whether that conduct entails resorting to methods prevailing under merit-based competition,” the Greek judge wrote. The 2018 law governs data protection and privacy in the EU.
The case was referred to the Court of Justice by the Higher Regional Court in Düsseldorf after Meta appealed a 2019 order from the FCO to stop bundling information from its suite of apps, including Facebook, Instagram and WhatsApp, to sell to advertisers.
“Access to data is a key competitive parameter not only in the advertising market, but also in the social network market. Facebook’s access to a significantly larger database further strengthens the already pronounced lock-in effects,” the agency said in a statement at the time.
During hearings before the EU high court in the spring, Meta lawyers argued the FCO had overstepped its authority.
“The Bundeskartellamt has openly undermined the substantive and procedural requirements of the GDPR legislation,” Meta’s lawyer Hans-Georg Kamann told the Luxembourg-based court. The company argued the FCO hadn’t properly consulted national data privacy authorities before moving forward with its investigation.
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
BHP Unveils £31bn Mining Megamerger Proposal with Anglo American
Apr 25, 2024 by
nhoch@pymnts.com
ByteDance Prefers Shutdown Over Sale of TikTok Amid US Ban Threats
Apr 25, 2024 by
CPI
FCC Votes to Restore Net Neutrality Rules
Apr 25, 2024 by
nhoch@pymnts.com
Apple Rejects Spotify’s Updated App Over In-App Pricing Disclosure
Apr 25, 2024 by
CPI
FCC Set to Reinstate Net Neutrality Rules Today
Apr 25, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI