OLG Düsseldorf cancels BKartA decision on Facebook

On 26 August 2019, the 1st Cartel Senate of the Higher Regional Court of Düsseldorf, chaired by Prof. Dr. Jürgen Kühnen, ordered the suspensive effect of the Facebook Group’s complaints. These complaints are directed against restrictions imposed by the Federal Cartel Office on Facebook in the processing of user data. See this message and the full text decision.

The 1st Cartel Senate has serious doubts as to the legality of these antitrust orders on the basis of a mere summary legal examination. Even if the data processing complained of is contrary to data protection rules, it does not also constitute an infringement of competition law.

The order for suspensive effect means that Facebook does not have to implement the decision of the Federal Cartel Office at first. The existence of the antitrust orders will be decided in the appeal proceedings already pending. No date has yet been set for this procedure. I will report on the progress in due course in a further press release.

The decision on the suspensive effect of the appeals may be challenged by the appeal allowed by the 1st Cartel Senate, which would then have to be decided by the Federal Court of Justice.