Facebook v. Bundeskartellamt – May European Competition Agencies Apply the GDPR?

Abstract

The relationship between privacy and competition law is complex and contentious. May or should competition agencies consider business conduct’s negative impact on privacy when this effect was the consequence of a restriction or absence of competition? This contribution critically assesses the issues at stake in Case C-252/21 Facebook Inc. and Others v. Bundeskartellamt. It argues that competition agencies should be allowed to consider the legality of business conduct under the GDPR when applying competition law. In the age of data-based business models, it is unhelpful to look at competition and privacy issues in isolation. Judicious regulation of digital platforms requires an interdisciplinary and interinstitutional approach.

Keywords: EU competition law, German competition law, privacy, GDPR, digital platforms, Facebook, excessive data collection, Bundeskartellamt, abuse of dominance, Big Tech|

JEL Classification: D42, D43, K10, K21, K29, K42, L41, O30