Competition Law & Policy Discussion Group: DPhil Project Series

In this session, we will be joined by Beatriz Flügel Assad and Dr. Klaus Wiedemann. 

Dr. Wiedemann will present his research titled 'On the Processing of User Data for AI Training'. 

Abstract: In May 2025, the Higher Regional Court of Cologne ruled that Meta Platforms is allowed to process publicly available data of Facebook and Instagram users for the purpose of developing and improving AI systems (23 May 2025 – Case No. 15 UKl 2/25). The Court found that Art. 5(2) DMA was not applicable and that the processing could be based on the GDPR’s legitimate interests clause. These interim proceedings are located at the intersection of (quasi-)competition and data protection law. They highlight the tension between the gatekeepers’ right to pursue their business model, the users’ right to personal data protection, and the overall objective of ensuring fair and contestable digital markets. Yet the implications of this decision go further: at its core, the proceedings concern the question of what price society and the individual are willing to pay for the development of AI systems.  

Beatriz will present her research titled 'Democratic Concerns and the Possible Role of Competition Law'. 

Abstract: This research, still in its initial steps, explores to what extent companies with a high concentration of market power may harm democracy and what role Competition Law may play in safeguarding it. The analysis adopts the premise that the economic consolidation of enterprises tends toward a consolidation of their political power. This gives corporations disproportionate power, often at the expense of public interest and with no accountability. The preliminary findings demonstrate that corporations may wield political power through campaign funding, lobbying, pressuring policymakers, producing and publishing reports and research, and through employee coercion. The ultimate goal of this research is to explore the compatibility of democratic concerns with the field of Competition Law, and to examine if the field could contribute to the protection of democracy.