Meta Platforms, owner of Facebook, on Tuesday criticised a landmark German antitrust order to curb its data collection as 'clearly flawed' and which undermines EU data protection rules.
Meta's criticism of the German antitrust watchdog came after
the latter in 2019 said the world's largest social network had abused its
market power by collecting users' data without their consent and ordered it to
stop.
The competition enforcer said the data harvest included
users' browsing habits when they visited a website with a Facebook 'like'
button on it - even if an internet surfer didn't click on that button.
The case underscores the mounting regulatory scrutiny
worldwide of U.S. tech giants and measures to rein in their power.
In the German case, however, the issue is also whether the
watchdog exceeded its authority by using its antitrust power to address data
protection concerns.
Meta challenged the decision at a German court which
subsequently sought guidance from the Court of Justice of the European Union
(CJEU).
The German antitrust order was "clearly flawed"
with its "far reaching restriction on Facebook's data processing",
Meta lawyer Hans-Georg Kamann told the panel of 15 judges.
He criticised the German watchdog for not cooperating with
the Irish data protection regulator which supervises Facebook because its
European headquarters is in Ireland.
"The Bundeskartellamt has openly undermined the
substantive and procedural requirements of GDPR (General Data Protection
Regulation) law," Kamann said.
Joerg Nothdurft, lawyer for the German watchdog, dismissed
the criticism, saying there had been contact with data protection regulators.
The German government defended the antitrust decision,
saying that it was imperative for the competition enforcer to make data
protection assessment as part of its investigation as online marketplaces use
users' data to gain market power.
The German order "serves the objective of protecting
free competition" and was not about data protection, its lawyer Philipp
Krueger said.
The CJEU court adviser will give her non-binding opinion on
Sept. 20, with judges expected to follow with a ruling in the coming months.
The case is C-252/21 Meta Platforms and others.