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ARTICLE · 25 JUNE 2019

The Federal Cartel Office Demands More Flexibility And Leeway For Facebook Users

The Federal Cartel Office ("BKartA") has imposed far-reaching restrictions on Facebook Inc. and Facebook Germany GmbH ("Facebook") with respect to their processing of user data.

GermanyAntitrust/Competition Law

The Federal Cartel Office ("BKartA") has imposed far-reaching restrictions on Facebook Inc. and Facebook Germany GmbH ("Facebook") with respect to their processing of user data.

The BKartA requests Facebook to grant users the option of consenting to group-wide data processing in accordance with the GDPR instead of using general terms and conditions to justify such processing. Due to its prevailing market power in Germany, Facebook supposingly drafted these terms too rigidly, thus restricting users too heavily in an inadmissible manner.

Facebook, on the other hand, is of the opinion that the BKartA is misapplying competition law by imposing special requirements that would only apply to a single company.

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