In a development of significant consequence for the legal landscape across the European Union, there is a visible growing convergence between data protection and competition. Highlighted in a major decision by the EU’s foremost court in July 2023, the implications are widespread for law firms, clients and regulators alike.
The judicial precedent was set via a preliminary ruling by the Court of Justice of the European Union, which not only established that antitrust authorities are now mandated to consider privacy issues in their investigations of potential competition law violations, but it also introduced a novel obligation on national competition bodies. These bodies are now required, under EU law, to consult privacy law counterparts on investigations that involve questions pertaining to General Data Protection Regulation (GDPR).
These developments can be seen as a response to the burgeoning importance of data in the digital economy, driving a closer relationship between privacy and competition. As law firms, clients, and regulators navigate this evolving landscape, the ripple effects of the landmark ruling continue to shape privacy and competition law practices in the EU.
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