Facebook and Bundeskartellamt’s Winter of Discontent

Abstract

After a three-year investigation, the German Facebook saga is not over yet. As in the well-known TV series, “winter is coming” for the Bundeskartellamt (FCO). On August 26, 2019, the Higher Regional Court (OLG) of Düsseldorf suspended the FCO’s landmark Facebook decision, expressing “serious doubts” about its legal basis. According to the OLG, the decision lacks “meaningful findings” and relies on unconvincing arguments that are “without substance” and “meaningless.”

Keywords: Antitrust, Privacy, Big data, Facebook, Bundeskartellamt, Data policy

JEL Classification: D83, K21, L12, L4