4:49:29 AM PDT - Thursday, September 29th, 2022

Advisor to Europe’s top court backs antitrust watchdogs looking at privacy  

By Editor - Tue Sep 20, 8:15 am

A non-binding opinion issued today by an influential advisor to the Europe Union’s top court could foreshadow a major regional development at the intersection of privacy and competition regulation — or ‘privacy vs competition’ as it’s sometimes narrowly framed. The opinion follows a referral to the Court of Justice (CJEU) related to an appeal by Facebook (aka Meta) which has been challenging a 2019 order by Germany’s competition watchdog (the FCO) against Facebook’s so-called ‘superprofiling’ of users. The FCO’s case argues that the tech giant’s combining of data on users across multiple services and websites — ergo, Facebook’s total denial of users’ privacy — is itself an “exploitative abuse” linked to its market power and therefore also an abuse of competition laws that the FCO is competent to regulate. Facebook has been appealing against the FCO’s order by arguing that antirust enforcers should essentially stay in their lane — since they are not the designated oversight bodies for the EU’s General Data Protection Regulation (GDPR).

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Advisor to Europe’s top court backs antitrust watchdogs looking at privacy

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