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Description

BKA decision qualifying external data collection as breach of competition law

The German competition authority (BKA) rules that excessive data collection by platforms (i.c. Facebook) outside of their own realm (i.c. on Instagram/Whatsapp) and combination of this data constitutes an abuse of dominant position under competition law, introducing a paradigm shift and suspending the data merging by the platform.

Original source

Scope

Policy Area
Competition
Policy Instrument
Unilateral conduct regulation
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
national
Government Branch
executive
Government Body
competition authority

Complete timeline of this policy change

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2019-02-06
in force

The German competition authority (BKA) rules that excessive data collection by platforms (i.c. Face…

2019-08-26
under appeal

Court of appeals suspends the application of the BKA ruling that excessive data collection and comb…

2020-06-23
in force

Supreme court overturns the court of appeals and upholds the BKA ruling that excessive data collect…

2021-03-24
under investigation

On 24 March 2021, the Düsseldorf Higher Regional Court (DHRC) suspended the proceedings in the case…