About Us
Global Advisory Experts Logo
Global Advisory Experts Logo

Find a Global Law Expert

Practice Area


Since 2010, the Global Law Experts annual awards have been celebrating excellence, innovation and performance across the legal communities from around the world.

OLG Naumburg deems GDPR violation an antitrust infringement

posted 4 years ago

The OLG Naumburg ruled in judgments from November 7, 2019 that a violation of the General Data Protection Regulation may also constitute an antitrust infringement (Az.: 9 U 6/19 and 9 U 39/18).
Whether a GDPR violation can also constitute an antitrust infringement is significant, as competitors are entitled to issue formal warnings in response to antitrust infringements and may, e.g., sue for an injunction or damages. We at MTR Rechtsanwälte note that the courts have to date arrived at different conclusions on this issue.
The OLG Naumburg recently ruled that GDPR provisions can be categorized as rules governing market behavior and that violating them may constitute an antitrust infringement.
In the case in question, a pharmacist had sued a competitor offering nonprescription medicinal products via an online platform which were only to be sold by pharmacies. The plaintiff viewed this as an antitrust infringement, claiming that personal health information was being saved in the process, which it noted is only permissible with the customer’s explicit consent.
The OLG Naumburg held that due to the absence of explicit consent here, this constituted a GDPR violation as well as an antitrust infringement of the rules governing market behavior.
Lawyers with experience in the field of antitrust and competition law can offer advice.


posted 6 days ago


who are already getting the benefits

Sign up for the latest advisory briefings and news within Global Advisory Experts’ community, as well as a whole host of features, editorial and conference updates direct to your email inbox.

Naturally you can unsubscribe at any time.

Newsletter Sign Up

About Us

Global Advisory Experts is dedicated to providing exceptional advisory services to clients around the world. With a vast network of highly skilled and experienced advisers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.

Contact Us

Stay Informed

Join Mailing List