Abuse of dominance, Data protection, Digital economy, Digital markets, European Court of Justice, Restriction by effect
Dominant firms cannot use their own pre-existing data when competing in a newly liberalised (or adjacent) market?
On 12 May 2022, the European Court of Justice delivered its preliminary ruling in response to a number of questions referred to it by an Italian court tasked to assess whether the use of customer data (legitimately collected by the ENEL group during a legal monopoly position) to target offers to those same customers once…