A non-binding Advocate General opinion (C-252/21) from Athanasios Rantos could encourage EU antitrust authorities to broaden their scrutiny of technology companies to consider the compatibility of commercial activities with the EU General Data Protection Regulation (GDPR). The opinion relates to a 2019 decision from the German Federal Competition Authority and Facebook after it appealed the ruling, which has since been referred to the Court of Justice (CJEU). Rantos said, "while a competition authority does not have jurisdiction to rule on an infringement of the GDPR, it may nevertheless, in the exercise of its own powers, take account of the compatibility of a commercial practice with the GDPR." In two separate releases issued on 20 September (case numbers 156 and 157) the CJEU confirmed that EU law "precludes ... indiscriminate retention of traffic and location data," except when there's a serious threat to national security.
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