The Facebook decision of the Federal Cartel Office – Event Information

By decision of 6 February 2019, the Federal Cartel Office prohibited Facebook from making the use of its social network Facebook conditional upon the user also agreeing to the collection of user data collected on other group-owned services (WhatsApp, Instagram, Oculus, Mascerade). The same prohibition applies to the use of data collected on websites or third party apps that use Facebook tools (e.g. "Like" button).

In the view of the Federal Cartel Office, these terms of use are exploitative, particularly when taking into account principles of data protection laws. In view of the dominant position of Facebook in the market for social networks, these terms of use thus constituted an abuse of its market dominance.

The Facebook decision sets a precedent for the interaction between data protection and antitrust laws and it is therefore of relevance for the entire digital economy.

Dr Julia Topel, Chairwoman of the Federal Cartel Office’s 6th Decision Division, which conducted the investigation into Facebook’s terms of use, will present the decision and explain their findings and legal position as part of the event series "Brussels Matters". The event will be moderated by Peter Stauber, Associated Partner, Noerr Berlin.

Date: 11 April 2019

Time: 7.00-8.30 p.m.

Location: Noerr LLP, Speditionsstraße 1, 40221 Düsseldorf

The event will also be accessible by teleconference / webinar.

Registration via http://www.brusselsmatters.eu

Further reading materials:

• Federal Cartel Office, press release of 7 February 2019
• Federal Cartel Office, FAQ of 7 February 2019
• Federal Cartel Office, Case Summary of 15 February 2019
• Peter Stauber, Facebook’s Abuse Investigation in Germany and Some Thoughts on Cooperation between Antitrust and Data Protection Authorities, CPI Antitrust Chronicle (February 2019)