German Facebook Case Divorces GDPR And Competition Law

Law360 (October 1, 2019, 2:39 PM EDT) -- In February, the German antitrust agency, the Federal Cartel Office, issued a decision against Facebook Inc. regarding its handling of user data.[5] Facebook appealed, and on Aug. 26, the Düsseldorf Court of Appeal in an interim decision[6] granted suspensive effect to Facebook’s appeal against the FCO decision[7].

The DCA can order suspensive effect to an appeal if it has serious doubts whether the prohibition decision is legally valid. Despite the preliminary character of the DCA’s decision, this could represent a significant setback for the FCO and have a signaling effect beyond the German borders. The DCA made certain important points on...

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