In an overturning judgment delivered by the top Court for European Union law matters in July 2023, it was confirmed that the realms of data protection and competition have begun to intersect with increasing frequency. This verdict has not only given rise to noteworthy market dynamics but it has also provided fresh pathways for the legal profession. Here’s the original article.
Based on the court’s preliminary ruling, antitrust authorities within the European Union are now explicitly authorized to factor in privacy concerns while investigating potential violations of the Union’s strict competition statutes. This marked shift is a clear reflection of a trend that legal professionals have been observing over the past few years – the increasing significance of data in the digital economy and its impact on privacy and competition matters.
Moreover, the Luxembourg-based judges have made it a requirement under EU law for national competition authorities to consult with their counterparts in privacy when conducting antitrust investigations relating to General Data Protection Regulation (GDPR). This mandatory coordination has been instituted for the first time, further cementing the convergence of privacy and competition domains.
An outcome of these judicial developments is the increasing volume of work for law firms specializing in these complex, intersecting fields of law. This also implies that clients, ranging from large corporations to small and medium businesses, must now grapple with the heightened uncertainty emanating from these converging legal dimensions.