Facebook in Germany: antitrust case

Facebook in Germany: antitrust case


In February, the Federal Cartel Office introduced a number of restrictions on Facebook regarding the processing of collected data. The agency considered that the social network dominates the German market and abuses it to collect and analyze user data without their consent. The social network received 12 months for the execution of the decision. 

Facebook officials appealed him in Dusseldorf. After the Federal Cartel Office has found that Facebook is abusing its dominant position in Germany the social network filed a complaint with the Supreme Land Court in Dusseldorf. As a result, The Supreme Land Court in Düsseldorf on Monday, August 26, suspended the decision of the Federal Office for Cartels regarding Facebook's collection of user data. The court questioned the arguments presented by the antitrust authority.

The court decision, in particular, highlighted that the collection of user data "does not cause substantial harm to competition," While there is a possibility for violating the data protection laws, this does not create a violation of competition law, say the land court. In turn, the German regulator, after a court verdict in Dusseldorf, intends to appeal to the German Federal Court of Justice. This case could be a pivoting point for future regulations in the digital markets. Several critical legal issues in this matter require clarification, said department head, Andreas Mundt.