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The Perspective of the Bundeskartellamt in the Evaluation of Facebook's Behaviour:

Prior Considerations and Possible Impact

DOI https://doi.org/10.21552/core/2019/2/5

Irene Lorenzo-Rego


The abuse of a dominant position based on the collection and processing of personal data is a competition law issue under German law. The value of data is the value of advertising on social networks. Inadequate data processing by Facebook has harmed both users and potential competitors. The Bundeskartellamt has focused its recent decision on efficiency, despite its perspective on the application of Article 19(1) of the Act against Restraints of Competition, in accordance with German case-law. The impact on European competition law will depend on the controversial harmonisation of personality rights; so far, only data protection law has been regulated.
Keywords: Access to Personal Data, Injured Party, Abuse of Dominance, Facebook, Bundeskartellamt, Competition Law, Data Protection

Irene Lorenzo-Rego, PhD, Lecturer Faculty of Law, International University of La Rioja (Spain). For correspondence: <mailto:irene.lorenzo@unir.net>.

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