On the interplay between competition law and privacy : the impact of Meta Platforms case

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Gorecka, Arletta (2024) On the interplay between competition law and privacy : the impact of Meta Platforms case. European Competition Journal, 20 (3). pp. 555-576. ISSN 1744-1056 (https://doi.org/10.1080/17441056.2024.2324586)

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Abstract

In July 2023, the Court of Justice of the European Union (CJEU) issued a landmark judgment at the intersection of competition law and data privacy law. This article delves into two pivotal aspects: firstly, the recognition of privacy-related harms as factors within the realm of competition law considerations; and secondly, an examination of the role of competition law authorities in addressing infringements related to data protection. The analysis emphasizes the practical significance of the CJEU decision, asserting its importance rather than controversy. The judgment provides clarity on how regulatory rules can influence competition assessments and highlights the potential for competition authorities to consider the broader market and regulatory landscape without exceeding their mandate. The Facebook case, while not exhaustive, marks a crucial step in elucidating how regulatory rules influence competition assessments and how competition authorities can navigate broader market and regulatory considerations within their mandate.

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