Op-Ed: “Privacy rights and effective enforcement of competition law: a tumultuous relationship” by Stavros Makris

Introduction

Quite clearly, we have entered an era where antitrust enforcers are seriously concerned about the implications of digital competition and committed to apply the law vigorously in this setting (see here for instance). However, antitrust investigations may raise fundamental rights concerns, while the way the Courts interpret such rights can affect the fate of the European Commission’s (‘Commission’) investigations and, thereby, contribute but also undermine the effective application of the law. Dealing with such issues requires careful balancing, and this is exactly what the General Court sought to do in Meta Platforms Ireland v Commission (T-451/20), and Meta Platforms Ireland v Commission (T-452/20).

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