Bundeskartellamt sends preliminary assessment to Facebook* On December 19, 2017, the Federal Cartel Office (“FCO”) published a press release on its preliminary assessment in the ongoing Facebook dominance probe, accompanied by a background paper (available in English here). The FCO considers that Facebook abuses its dominant position through imposing unfair general terms and conditions (“t&cs”). The published materials provide some interesting insights to the FCO’s approach. 1. Market definition and dominance The FCO defines a separate (digital) social networks market in Germany. Some smaller social network operators as well as Google+ are active in the same market, but in the FCO’s view they can only provide limited substitutability, as Facebook has significantly more users (direct
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The German Competition Authority indicates in preliminary assessment of a possible abuse of dominance case that data collection and use from third-party sources is abusive (Facebook)
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