CJEU decision in Facebook proceeding: Bundeskartellamt may take data protection rules into consideration

The Court of Justice of the European Union (CJEU) has ruled that the Bundeskartellamt may take data protection rules into consideration when weighing interests in decisions under competition law. The CJEU proceeding was based on the Bundeskartellamt's decision in the 2019 Meta (Facebook) case. In this decision the Bundeskartellamt prohibited Meta from combining user data from several sources without the users’ consent. Meta appealed this decision to the Higher Regional Court of Düsseldorf. The Düsseldorf court asked the CJEU to provide clarification on how to interpret certain provisions of the General Data Protection Regulation (GDPR) and whether the Bundeskartellamt may also take into consideration GDPR norms when weighing interests in decisions under competition law.

Andreas Mundt, President of the Bundeskartellamt: “The judgment sends a strong signal for competition law enforcement in the digital economy, a field where data are decisive for market power. When large internet companies use the very personal data of consumers, this usage can also be deemed abusive under competition law. In their application of competition law, competition authorities must also take data protection rules into consideration. The judgment will have far-reaching effects on the business models used in the data economy. When enforcing competition law, it is important that we continue to cooperate closely with the data protection authorities.“

Taking into account the CJEU’s findings, the Facebook proceeding pending before the Düsseldorf Higher Regional Court can now continue.

Irrespective of the proceeding, Meta and the Bundeskartellamt have been in talks about the implementation of the February 2019 decision. By introducing a new accounts centre Meta has taken an important step in this direction. (See press release of 7 June 2023)