On 23 June 2020, the German Federal Court of Justice (“FCJ”), in summary proceedings, preliminarily confirmed the finding of the Federal Cartel Office (“FCO”) that Facebook had abused its dominant position. It overturned the decision of the Higher Regional Court of Düsseldorf that had suspended the FCO’s order against Facebook to amend its data processing practices. On 6 February 2019, the FCO concluded administrative proceedings (see VBB on Competition Law 2019, Volume No. 2) finding that Facebook abused its dominant position on the German market of social networks financed through targeted advertisement by making the private use of the Facebook social network (“Facebook.com”) by users residing in Germany contingent upon the processing of user and device-related data: (i) from several
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The German Federal Court of Justice preliminarily confirms that an online platform abused its dominant position on the national market of social networks (Facebook)
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