The opinion relates to the German Antitrust Authority (FCO) and Facebook's (now Meta) appeal from 2019 on the so-called 'super-profile' of Facebook users.
The FCO claims that Meta's access to a vast amount of data on multiple services and websites amounts to an "abuse" of its market power, a violation of privacy, and thus a violation of competition laws.
Facebook appealed the FCO's ruling, arguing that enforcement bodies should each remain in their own sphere and that it is not their job to oversee the EU's General Data Protection Regulations (GDPR).
If the Court adopts its counsel's view, it could provide a significant boost to privacy rights across the EU, as antitrust authorities would be given the green light to consider data protection compliance as part of their responsibilities under competition rules.
The opinion, submitted by attorney Athanasios Rantos, argues that while the Competition Authority does not have the authority to rule on a GDPR violation, it is entitled to take into account the compliance of a commercial process with these regulations in the exercise of its powers. Compliance or non-compliance with the GDPR may, in light of the circumstances of the case, be an important indication of whether behavior amounts to a violation of competition rules, the attorney emphasizes.
The consultant supports close joint work between regulators of competition and privacy, a view increasingly shared by other regional supervisory bodies. For example, the UK's ICO and CMA are working together on a case related to Google's 'Privacy Sandbox' proposal to develop its adtech. The French competition and privacy authorities are consulting on complaints against the transparency of Apple's apps.
The EU has also approved a major update to competition rules, the Digital Markets Act (DMA), which sets mandatory operational requirements on the most powerful platforms, including provisions that limit how data is used. The DMA's implementation is due to start next year, heralding a new competition regime for the most powerful companies.
It is worth noting that in the USA, the most active body in the field of privacy protection has long been the FTC, which deals with antitrust. The potential development in the EU could further harmonize the two areas, potentially leading to a more holistic approach to privacy and competition
Comments