CPI EU News: FCO Facebook Quadriptych

March 2019

CPI EU News Column edited by Thibault Schrepel, Sam Sadden & Jan Roth (CPI) presents:

CPI EU News: FCO Facebook Quadriptych

In early February 2019, the German Bundeskartellamt (“FCO”) announced its highly anticipated and “ground-breaking” Facebook decision. CPI EU News is pleased to present a Quadriptych of four short articles on this hot topic from a great panel of authors.

The FCO concluded that Facebook infringed German competition law by violating the European General Data Protection Regulation. The case is the first to establish an infringement of competition law rules where the practices were in conflict with data protection principles… thus, “straddling the line between competition policy and data protection.”

Some authors argue that the decision “ultimately pushes competition law far beyond its natural confines.” Others opine that the case “may represent an important step into European competition law’s future in digital markets.” What consequences might this case have beyond Germany?

– Samuel Sadden, Editor in Chief

Click here for a PDF version of the article

The Theory of Harm in the Bundeskartellamt’s Facebook DecisionBy Viktoria H.S.E. Robertson (University of Graz)

Facebook’s Hunger For Your Data: Network Effects in the FCO DecisionBy Alec Burnside, Clemens York, Marjolein De Backer (Dechert LLP.)

The FCO’s Facebook Decision: Putting Privacy Before CompetitionBy Dirk Auer (International Center for Law &

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