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16th July 2020
Competition & State Aid Data, Tech & IP

Op-Ed: “The German Facebook saga: Quod dei deo, quod Caesaris Caesari” by Alexandra Elena Rădulescu

The past few years have seen an increasing number of debates on the role played by data protection and privacy in antitrust proceedings.

Despite the fact that in Asnef-Equifax (C-238/05) the Court of Justice of the European Union (CJEU) established that the sensitivity of personal data is not, per se, a competition law matter, recent developments show that the line dividing the two areas of law is anything but clear.

It is in the midst of such discussions that we find the German Facebook decision. In February 2019, the German Competition Authority (Bundeskartellamt) prohibited Facebook from combining user data across multiple platforms due to the finding that its terms and conditions were in violation of the General Data Pr

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