CJEU Ruling On The Intersection Of Data Protection And Competition Law

The Court of Justice of the EU ("CJEU"), in the case of Meta Platforms & Ors, Case C-252/21 , delivered an important decision confirming that an abuse of dominant position in digital markets can be found by a national competition authority, where there is a breach of the GDPR that leads to a breach of competition law. For example, through unlawfully processing personal data that contributes to a dominant position on that market and that may amount to an abuse of dominant position.

However, where the national competition authority identifies an infringement of the GDPR, it does not replace the Data Protection Authorities ("DPAs"). Whilst national competition authorities are empowered to examine whether a company's conduct infringes the GDPR, they must do so in the context of assessing a breach of competition law. Their purpose is to determine if the processing of personal data contributes to a breach of antitrust law, particularly in cases where it leads to