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ARTICLE · 01 MARCH 2019

Unfair Data Protection Practices May Constitute An Abuse Of Market Power

Jones Day
Jones Day
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Facebook has announced that it will appeal the decision of the German competition authority.

GermanyAntitrust/Competition Law

In Short

The Situation: An investigation launched in 2016 by the German competition authority was meant to determine if Facebook was abusing its market position with its imposition of "misleading" data protection policies.

The Result: It was concluded that Facebook's data processes did abuse its dominant position, thereby justifying "far-reaching restrictions" on the social media giant.

Looking Ahead: Facebook has announced that it will appeal the decision, citing the intense competition in the region, and alleging that the authority had misinterpreted Facebook's compliance with the General Data Protection Regulation ("GDPR").

The German competition authority opened an investigation against Facebook in 2016 to inquire whether Facebook was abusing its dominant position in the market for social networks through the imposition of "misleading" data protection policies to its users. In a decision rendered on February 7, 2019, the German competition authority

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