Antitrust Über Alles. Whither Competition Law After Facebook?

World Competition Law and Economics Review, 2019, 42(3)

18 Pages Posted: 24 May 2019 Last revised: 30 May 2019

See all articles by Giuseppe Colangelo

Giuseppe Colangelo

University of Basilicata, Department of Mathematics, Computer Science and Economics; Stanford Law School; LUISS Guido Carli, Department of Business and Management

Mariateresa Maggiolino

Bocconi University - Department of Legal Studies; Ask Research Center

Date Written: March 29, 2019

Abstract

After a three-year investigation the German Competition Authority found Facebook’s data policy abusive. In the authority’s assessment, by making the use of its social-networking service conditional upon users granting extensive permission to collect and process their personal data, Facebook unlawfully exploited its dominant position in the German market for social networks. Hence, the GCA has found a way – its way, quite German-specific – to limit Facebook’s ability to gather, combine, and analyze data. In order to achieve this goal, it has acted as a self-appointed enforcer of data protection rules, ascertaining a violation not detected by any data protection authority before and casting a ‘special privacy responsibility’ upon dominant firms.

Keywords: Antitrust; Privacy; Big Data; Facebook; Bundeskartellamt

JEL Classification: D83; K21; L12; L4

Suggested Citation

Colangelo, Giuseppe and Maggiolino, Mariateresa, Antitrust Über Alles. Whither Competition Law After Facebook? (March 29, 2019). World Competition Law and Economics Review, 2019, 42(3), Available at SSRN: https://ssrn.com/abstract=3362428 or http://dx.doi.org/10.2139/ssrn.3362428

Giuseppe Colangelo (Contact Author)

University of Basilicata, Department of Mathematics, Computer Science and Economics ( email )

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Potenza
Italy

HOME PAGE: http://sites.google.com/site/giuseppecolangelouni/home

Stanford Law School ( email )

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United States

HOME PAGE: http://law.stanford.edu/transatlantic-technology-law-forum/

LUISS Guido Carli, Department of Business and Management ( email )

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Rome, Roma 00197
Italy

Mariateresa Maggiolino

Bocconi University - Department of Legal Studies ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

Ask Research Center ( email )

via Roentgen 1
Milan, 20136
Italy

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