The CJEU Has Opened The Door For Potential Cartel Damage Litigation Based On GDPR Violations

Following a CJEU judgment of 4 July 2023, significant changes have been brought to the privacy, data protection, and competition law landscapes in the EU. The CJEU reaffirmed a German competition authority's decision and clarified the limitations of national competition authorities' power when determining GDPR violations. Additionally, the judgment opens the door for potential (class actions) litigation for damages incurred due to the abuse of a dominant market position. The evolving European competition landscape will further impact digital platforms in the future.

Introduction

On 4 July 2023, the Court of Justice of the European Union (CJEU) issued a decision regarding the case C-252/21 Meta Platforms and Others (the Judgment). The Judgment brings forward several points that will have a significant impact, not only on the privacy and data protection landscape of the European Union (EU), but also on the scope of the national competition authorities' powers.