in the face of the clear defeat of Facebook in the summary proceedings before the Federal court of justice (BGH) on Tuesday, antitrust lawyers and consumer advocates of a Bang to speak. After the Supreme court confirmed the allegation, the dominant position of Facebook controlling Andreas Mundt, President of Bundeskartellamt, stated: “data are a critical factor for economic Power and for the assessment of market power in the Internet.” The decision will give important clues as to how the topic of data and competition to deal should be.
Marcus Young
editor in the economy.
F. A. Z.
a Facebook spokesman stressed that the main proceedings before the higher regional court in Düsseldorf is not yet complete. “We will defend the Position of our that there is no antitrust law abuse, more.” There will be no immediate changes for the people or companies, the products and services of Facebook in Germany.
the cartel office is in a stronger position in the dispute
in any case, the Federal cartel office is strengthened in the years-long dispute that is for the entire digital economy is relevance. In February 2019, under the competition authority said the merging of user data from different sources to the so-called “Super-profiles”. On the basis of websites visited and the use of the “Like Button” can Facebook control targeted advertising and earn a lot of money. Who uses popular services like Messenger, Whatsapp or stories on Instagram shares, is also affected. Against the arrangement, Facebook pulled up in front of the Supreme court. However, in the opinion of the competent cartel Senate, the users need to have in the future, they have a choice in the collection and linking of data from other Internet services.
The decision is from the point of view of the consumer centres is an important stage victory against Facebook. “For the protection of the consumers, therefore, we think it is right to respond to the data collection of the company with the resources of the antitrust laws,” said Heiko conceit, who headed the Team law enforcement at the Federal Association of consumer centers. “The more we are pleased that the Antitrust division of the Federal court of justice, has joined the already fast-tracked significantly and unexpectedly.”
importance for the company
Sebastian Louven, lawyer for antitrust in the affirmative, that now are no more doubts as to the decision of the competition authority. “The Senate is not but it is clear also that it depends on the violation of the DSGVO, a violation of the antitrust abuse to accept the ban.” Instead, a balancing of interests, which is related to the actual goal of the antitrust law, namely, the keeping open of the competitive process and the protection of the oriented freedoms. “That can mean for businesses, the security that the privacy right is not set on the lever of the antitrust law,” concludes the lawyer.
