On 20 September 2022, Advocate General (“AG”) Rantos delivered his opinion in Meta (Case C-252/21), concerning the interplay between the competition rules and GDPR, suggesting that non-compliance with data protection laws can be considered in competition law investigations and support the finding of a competition law violation. The Meta case follows the request for a preliminary ruling by the Higher Regional Court of Düsseldorf in the national proceedings relating to the review of the decision issued by the German Competition Authority, Bundeskartellamt (“BKartA”), against Facebook (now, Meta). In 2019, the BKartA found that Meta had abused its dominant position under national competition law by collecting data from services affiliated with Facebook (e.g., Instagram and WhatsApp) as well
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