Personal data in antitrust analysis: considerations from the European case and possible effects in Brazil
*This is an AI-powered machine translation of the original text in Portuguese
The recent decision of the Court of Justice of the European Union ("CJEU") underscores the significance of personal data in antitrust analysis and may have potential effects in Brazil.
Authorities' focus on digital markets has demonstrated the importance of the concentration of personal data in antitrust analysis. On the other hand, data protection issues can also be influenced by competition discussions, as seen in the CJEU's observation that when assessing the validity of consent given by a user, the dominant position of a market player is a relevant factor but should not automatically invalidate the use of this legal basis.
The mutual influence of these topics has already been recognized in Brazil through the Technical Cooperation Agreement between the Administrative Council for Economic Defense ("CADE") and the National Data Protection Authority ("ANPD"). The agreement emphasizes that "...given the competitive effects of personal data collection...CADE cannot interfere in its competence to proceed with the analysis and management of situations involving competitive risks arising from data processing." In another example of integrated action, CADE worked alongside ANPD and other authorities to make joint recommendations aimed at aligning privacy policies in Brazil and Europe based on the similarity between the LGPD and the GDPR.
