Investigation into Meta's (formerly Facebook) use of data

The CMA has accepted a variation of commitments that address the CMA’s competition concerns regarding Meta’s use of data obtained through digital display advertising.

From:
Competition and Markets Authority
Published
4 June 2021
Last updated
20 August 2024 — See all updates
Case type:
CA98 and civil cartels
Case state:
Closed
Market sector:
Communications
Outcome:
CA98 - commitments
Opened:
3 June 2021
Closed:
3 November 2023

Case timetable

Date Action
20 August 2024 CMA decision on the variation of commitments published. Implementation of the commitments continues
June 2024 to August 2024 CMA consideration of representations received in response to the consultation on the variation
24 May 2024 to 14 June 2024 Variation of commitments consultation period
24 May 2024 Consultation opened on variation of commitments proposed by Meta
3 November 2023 CMA commitments decision published and case closed. Implementation of commitments commences
June 2023 to October 2023 CMA consideration of representations received in response to the consultation on commitments
26 May 2023 to 26 June 2023 Commitments consultation period
26 May 2023 Consultation opened on commitments proposed by Meta
July 2022 to Summer 2023 Further CMA analysis and review of information gathered
July 2022 Decision taken to proceed with investigation
June 2021 to July 2022 Initial investigation: information gathering, including issue of formal or informal information requests. CMA analysis and review of information gathered.
3 June 2021 Investigation opened

Decision to accept a variation of commitments

20 August 2024: The CMA published its decision to accept a variation of the commitments that were previously accepted on 3 November 2023. The variation now contains the option of excluding certain ad data from all advertisers from being used by Meta in Facebook Marketplace. Under this option, advertisers would retain the ability to place ads on Facebook Marketplace.

The variation of commitments has been made under Section 31A of the Competition Act 1998 . The other terms of the commitments not affected by the variation continue to remain in place. Further details of the changes to the commitments that the variation makes, and the CMA’s assessment of these changes, can be found in the Decision:

Consultation on a variation of commitments

24 May 2024: The CMA published a notice of intention to accept a variation of the commitments that had been accepted by the CMA on 3 November 2023. The CMA will consider any representations made in response to this consultation before making a final decision on whether or not to accept the proposed variation. Interested parties should submit any responses to the consultation by 14 June 2024.

Monitoring Trustee

Appointment of Monitoring Trustee and Technical Expert

20 December 2023: The CMA has approved the appointment of Grant Thornton UK LLP by Meta as Monitoring Trustee to monitor compliance with the binding commitments accepted by the CMA on 3 November 2023. The CMA has also approved the appointment by the Monitoring Trustee of an in-house Technical Expert to support the Monitoring Trustee in monitoring compliance.

Grant Thornton may be reached via the following contacts at:

Decision to accept binding commitments

3 November 2023: The CMA published its decision to accept commitments from Meta that allow competitors advertising on Meta platforms to opt out of certain ad data being used by Meta in Facebook Marketplace. The commitments also include Meta limiting the way it uses certain ad data in product development in the UK.

Formal acceptance of commitments by the CMA has brought the investigation to an end, with no decision being made as to whether the Competition Act 1998 has been infringed.

Consultation on commitments

26 May 2023: The CMA published a notice of intention to accept commitments offered by Meta and invited representations from interested third parties on the proposed commitments. The CMA will consider any representations made in response to the consultation before making a final decision on whether or not to accept the proposed commitments.

Change log

The following changes have been made to the case timetable since it was first published in June 2021:

Date of change Reason for change Change made to timetable
15 February 2023 Additional time required Analysis and review, including of further information gathered, extended from Autumn 2022 to Summer 2023
7 April 2022 Further evidence gathering and analysis Initial investigation: information gathering, including issue of formal or informal information requests. CMA analysis and review of information gathered extended from February 2022 to Summer 2022

Case launch

3 June 2021: the CMA launched an investigation under Chapter II of the Competition Act 1998 into suspected breaches of competition law by Meta (formerly Facebook). The investigation concerns Meta’s conduct in relation to the collection and/or use of data in the context of providing online advertising services and its single sign-on function and whether this results in a competitive advantage over downstream competitors.

Notes

  • The investigation is under Chapter II of the Competition Act 1998.
  • The CMA has not reached a view as to whether there is sufficient evidence of an infringement of competition law for it to issue a statement of objections. Not all cases result in the CMA issuing a statement of objections.
  • The CMA will consider any representations it receives before any decision is taken as to whether competition law has in fact been infringed.
  • Further detail of the CMA’s procedures in Competition Act 1998 cases is available in our guidance.
  • Changes to the timing of original entries in the case timetable will be made if the estimated timing changes.

Personal data

The CMA may collect, use and share personal data for its investigations, including investigations under the Competition Act 1998. This includes processing personal data for the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018.

You can find more information about how the CMA handles personal information in the CMA’s Personal Information Charter.

Contacts

Media enquiries: 020 3738 6460, press@cma.gov.uk

Updates to this page

Published 4 June 2021
Last updated 20 August 2024 + show all updates

  1. Variation of Meta's commitments accepted.

  2. Consultation on a variation of commitments published

  3. Monitoring trustees appointed

  4. Decision to accept commitments from Meta published and case closed.

  5. Consultation on proposed commitments published.

  6. Case timetable and change log updated.

  7. Update to case timetable and change log.

  8. Case timetable updated and change log added.

  9. First published.

Contents