Consumers’ "Decision-Making Sovereignty”: Challenging Business Models in the Data Economy (after the German Supreme Court in Facebook)

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with CRA, with Rohit Chopra (Commissioner, Federal Trade Commission), Andrea Gomes da Silva (Executive Director - Markets and Mergers, UK Competition and Markets Authority), Andreas Mundt (President, Bundeskartellamt), Isabelle de Silva (President, Competition Authority), and moderated by Cristina Caffarra (Head of European Competition, CRA).

- Video: Available for all (see below)

- Audio: Available for Concurrences+ subscribers (see above)

- Synthesis: Available for Concurrences+ subscribers (see above)

- Transcript: Available for Concurrences+ subscribers (see above)

- Concurrences Related Articles (Click Read More below and see page’s bottom)

Check the Upcoming Conferences section for the next webinars.


Cristina Caffarra introduced the discussion on consumers’ sovereignty and more specifically on exploitation as an antitrust infringement. Exploitation, in addition to the concepts of foreclosure and leveraging, should be further developed as regulatory tools, in particular considering the exceptional size of digital platforms and their bargaining power as opposed to that of the businesses who operate on the platforms and that of the users of the platforms. 

Ms Caffarra noted that the Facebook decision rendered by the German Federal Supreme Court has addressed the notion of limiting consumers’ freedom of choice and restricting consumers’ sovereignty. She reminded that, in 2019, when the Bundeskartellamt adopted its decision on the Facebook case, it was seen as a fairly forward-looking agency: excessive processing of data could amount to a violation of competition law. The Supreme Court upheld this decision and put the emphasis on the lack of consumers’ choice as the basis of the abuse of market power.

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.



  • Conseil d’Etat (Paris)
  • German Competition Authority (Bonn)
  • US Consumer Financial Protection Bureau (Washington)
  • CRA International (London)
  • PLMJ