Meta v Bundeskartellamt–data-based conduct between antitrust law and regulation.

The article discusses the case of Meta v Bundeskartellamt, where the German competition agency found Facebook's data collection policy to be in violation of German competition law. The agency argued that Facebook abused its dominant position by imposing unfair terms on users, and that the terms also violated the GDPR and infringed on users' right to informational self-determination. The European Court of Justice ruled that competition agencies can consider whether an undertaking's data collection terms comply with the GDPR when assessing conduct under competition law. The ruling establishes that data protection laws are relevant in determining if conduct qualifies as fair competition, and may extend to other regulatory tools in the future. However, there are still unanswered questions about the interpretation of Article 102 TFEU in cases involving data-based conduct. [Extracted from the article]