The attempt by the Federal cartel office, the data collection of Facebook in Germany to restrict on the Basis of the competition law, threatens to fail at the higher regional court of Düsseldorf.
of The 1. The cartel Senate of the court declared massive doubts as to the reasoning of the competition authorities. That is why Facebook had to implement the orders of the cartel office for the duration of the appeal process, decided by the court.
The Federal cartel office has in February, among other things, that Facebook could link the data to its services, such as Instagram and Whatsapp, or from third-party Websites with the Facebook account of the user, if this allows it explicitly. Also, the collection of data of third-party websites was made by a consent-dependent. Facebook got at the time, twelve months, the orders to implement. The Online network lodged a complaint with the higher regional court.
The German cartel office accused Facebook, among other things, its market dominant position for illegal contract terms for users to abuse and to distort competition. The court has a Problem with the statement: “Contrary to the opinion of the Federal cartel office, he objected to the processing of data by Facebook is not a relevant harm Competition, and any competition fails to get development get.” The “required behavior causality between the disputed data processing and the market power of Facebook there is”. Even if the defective data was a violation of the processing against the privacy rules is also a violation of the competition law.
The court in his 37-page decision at various Points in the reasoning of the Federal cartel office. So criticised it, that the cartel office, no adequate investigations of a so-called “As-if competition” have performed in order to determine, which terms, conditions, and the users would have formed in the competition. Also in the evaluation of consumer data cartel office and the higher regional court are divided. “The disputed data is not unlike a fee payment, without Further duplicatable, which is why their devotion to Facebook, it weakens the consumer economically,” said the court. Thus, users could make the data any also competitors of Facebook available.
the cartel office President Andreas Mundt had awarded the case in February of fundamental importance. “We are in the process of antitrust legal guidelines to feed into the Internet economy,” he said. “The user recovers a piece of data sovereignty.” Facebook has denied in its response that the Online network had a dominant position in the market. In addition, the cartel office was not competent. Facebook on the European data protection basic regulation (DSGVO), for the control of the Irish data protection authority is responsible.
Reuters topics in this article Facebook Federal cartel office, competition law, cartel office Germany, data collection, Düsseldorf higher regional court the higher regional court of Düsseldorf Instagram New in Digital Apple Smartphone to make a reservation for the new iPhones is now possible to display star travel worlds, American Football live – journey to the NFL in the USA Test Bigger, faster, sophisticated Galaxy Note 10+: The best Samsung Smartphone for years, painted Mans Test Galaxy Note 10 brings+ in camera comparison: is The the point-and-Shoot of Samsung’s new Top model From the Malte Mansholt network-Trend Instagram, you are not on our photos! Pink and other parts of the chain letter is bringing what? By Malte Mans excavation brings dead heads and love spells – magic tool of a sorceress from Pompeii, discovered gems Of Gernot Kramper excavation and the skull of a servant of Pompeii DISQ Partner – and Single-stock markets pulled in the Test: Only two, can convince By Malte Mansholt Ransomware “Coordinated attack”: hackers blackmail 23 cities at a stroke Of Malte Mansholt mobile bill 125 euros for nothing: “financial test,” warns of phone Scam By Malte Mansholt