Broad collection of consumer data by Big Tech: exclusionary or exploitative abuse?

The ability to gather and process large amounts of personal data is primarily held by a small group of companies. Some regulators, scholars, and practitioners have expressed concerns that major advertising-based platforms such as Google and Facebook may abuse their dominant position in the data market by requiring users to agree to the intensive collection of their data as a condition to the free access and use of those platforms’ core services. This raises the question of whether such broad collection of consumer data should be examined by European competition authorities as a foreclosure aiming at excluding current and potential competitors from the market of consumer data or as an excessive collection of personal data having the effect of lowering user’s privacy. This paper seeks to discuss this matter by examining the recent ruling in Meta by the European Court of Justice.