Economic powers and fundamental rights in the digital society. Antitrust vs. Facebook: a comparative perspective

The Italian Council of State has recently defined the Italian scenario in the framework of the global clash between Facebook and the Antitrust Authorities.
According to the judges, “the rules on the protection of privacy and the Consumer Code have different and not conflicting operational areas” and, therefore, the penalty system provided by the two regulations is not overlapping, but must, rather, be considered integrated.
However, the basic question remains: do personal data fall within the sphere of the fundamental rights of the human being or can we consider them as commodities and, therefore, fully subject to commercial exchange?
On this point, we are waiting for the intervention of the Court of Justice of the European Union, to which the Oberlandesgericht of Düsseldorf referred a similar issue, originating from a parallel legal battle between Facebook and the German Antitrust Authority.
While the Italian case was ending, the European one began.