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The Legal Effects of EU Competition Soft Law in the Decisions of National Competition Authorities: journal article

The Case of the Bundeskartellamt

Leander Stähler, Mariolina Eliantonio

European Competition and Regulatory Law Review, Volume 4 (2020), Issue 4, Page 273 - 288

Soft law issued by the European Commission plays an important role in the area of EU competition law. Focusing on the legal effect of competition soft law as applied by Germany’s national competition authority, the Bundeskartellamt, this contribution analyses how the authority pursues interpretational and decisional objectives through references to competition soft law. This contribution quantifies the references made to soft law and categorises these references on the basis of the involvement of other sources of law in an individual reference. It is shown that the Bundeskartellamt is comfortable making reference to competition soft law as the sole legal basis for certain parts of many decisions, ascribing to competition soft law a strong legal effect in several instances. Keywords: EU soft law; enforcement; Bundeskartellamt; NCAs; EU Commission


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

Prior Considerations and Possible Impact

Irene Lorenzo-Rego

European Competition and Regulatory Law Review, Volume 3 (2019), Issue 2, Page 100 - 109

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

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