The Higher Regional Court of Düsseldorf suspends the decision of the German Competition Authority which prevented data gathering practices from a social network company (Facebook)

On 26 August 2019, the Higher Regional Court in Düsseldorf suspended the German Federal Cartel Office's ('FCO' or Bundeskartellamt) decision to prevent Facebook from combining user data from various sources such as Facebook, Instagram, WhatsApp and unrelated sites that use Facebook analytics and software. In its 37-page interim decision the Court raises, in unusually unambiguous terms, serious doubts about the legality of the FCO's decision. This interim decision suggests that the Court is likely to overturn the FCO's restrictions in final judgment on the company’s appeal. WHAT YOU NEED TO KNOW - PRACTICAL TAKEAWAYS This case is one of the most important global precedents regarding the application of competition law in the digital economy.It is the first case in which an abuse of

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Michael Holzhäuser, Nick Elverston, The Higher Regional Court of Düsseldorf suspends the decision of the German Competition Authority which prevented data gathering practices from a social network company (Facebook), 26 August 2019, e-Competitions Bulletin August 2019, Art. N° 91630

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