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The German Federal Court of Justice confirms an abuse of dominance over data collection by an online platform without the user’s explicit consent (Facebook)

The Federal Court of Justice (FCJ) rejected Facebook’s application for suspensive effect in connection to its appeal to the Higher Regional Court of Düsseldorf against the decision of the Federal Cartel Office (FCO) prohibiting Facebook from collecting and processing Facebook users’ data generated outside Facebook.com on other digital platforms (like WhatsApp, Instagram and third-party websites/apps) and internet services without the user’s explicit consent. Background In February 2019, the FCO found that Facebook violated German competition law by abusing its dominant market position in the area of digital social network platforms. In particular, the FCO held that Facebook conducted

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Jörg Witting, Marcio da Silva Lima, The German Federal Court of Justice confirms an abuse of dominance over data collection by an online platform without the user’s explicit consent (Facebook), 23 June 2020, e-Competitions Preview, Art. N° 95915

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