The German Federal Court of Justice overturns the Düsseldorf Court of Appeals’ interim decision and finds an online social media platform to have abused its power in collecting data from different sources (Facebook)

On June 23, 2020, the Federal Court of Justice (“FCJ”) overturned the Düsseldorf Court of Appeals’ (“DCA”) interim decision and rejected Facebook Inc.’s (“Facebook”) request to suspend the enforceability of the Federal Cartel Office’s (“FCO”) prohibition decision. [1] The FCJ disagreed with the FCO’s determination of an abuse based on a violation of data protection law, but instead examined Facebook’s data usage exclusively under competition law. Although the FCJ implicitly rejected the FCO’s reasoning, the decision amounts to a major victory for the German authority whose order was reviewed quite critically by the DCA in the first instance. As a direct consequence, Facebook must end its practice of combining user data from different sources without the users’ explicit consent. It must also change

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Friedrich Andreas Konrad, Rieke Kaup, Romina Polley, Laura Melusine Baudenbacher, The German Federal Court of Justice overturns the Düsseldorf Court of Appeals’ interim decision and finds an online social media platform to have abused its power in collecting data from different sources (Facebook), 23 June 2020, e-Competitions July 2020, Art. N° 95537

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