The German Competition Authority orders a social network company to stop collecting and matching data of its users without explicit consent as it constitutes an abuse of dominance (Facebook)

Bundeskartellamt hits „don’t like“-button on Facebook* On February 7, 2019, Germany’s Federal Cartel Office (“FCO”) issued its long-awaited decision in the Facebook case, see press release and background paper in English here. It qualifies Facebook’s current practice of collecting and matching data of its users from third-party services/websites, including on What’sApp and Instagram, without explicit consent as an abuse of dominance. Facebook is ordered to stop the conduct within 12 months: it must obtain explicit user consent and change the current system by offering an opt-out solution. Facebook must propose adequate solutions to the FCO within four months. Dominance in social networks market in Germany Market definition The FCO defines a separate (digital) social networks market in

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  • Heinz & Zagrosek (Köln)

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Silke Heinz, The German Competition Authority orders a social network company to stop collecting and matching data of its users without explicit consent as it constitutes an abuse of dominance (Facebook), 6 February 2019, e-Competitions Bulletin February 2019, Art. N° 89276

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