Germany's Federal Cartel Office had imposed restrictions on the US tech giant's sharing of data between its own platforms Facebook, Instagram and WhatsApp as well as third-party apps in early 2019.
      
    
    
       
The European Court of Justice has been asked to clarify whether 
Germany’s competition authority was right to order Facebook to halt its 
data collection practices, due to concerns over alleged abuse of its 
dominant market position and violations of EU data protection law.
In 2019, Germany’s Federal Cartel Office (Bundeskartellamt) imposed 
restrictions on the US tech giant’s sharing of data between its own 
platforms Facebook, Instagram and WhatsApp as well as third-party apps, 
claiming that the extent to which Facebook collects data without the 
consent of the user and shares it between its services is an abuse of 
power.
At the time, Andreas Mundt, president of the Federal Cartel Office, described the order as a form of ‘internal unbundling.’
However, the decision from Germany’s competition authority faced a 
backlash in preliminary legal proceedings, with Düsseldorf’s Higher 
Regional Court Judge Jürgen Kühnen saying Facebook’s data use did not 
result in an abuse of its dominant position.
An appeal to Karlsrühe’s Federal Supreme Court lodged by Germany’s competition authority followed and was won by Mundt’s team.
On Wednesday (24 March), judges in Düsseldorf returned to the file to
 deliver their final verdict on Facebook’s appeal of the original 
decision. The court reached the following conclusion:
“The question of whether Facebook is abusing its dominant position as
 a provider on the German market for social networks, because it 
collects and uses the data of its users in violation of the GDPR, cannot
 be decided without referring to the ECJ,” a statement from the 
Düsseldorf court read.
Leading the case was Düsseldorf’s Judge Jürgen Kühnen, who had 
presided over the earlier decision of the court, which had run counter 
to Germany’s competition authority’s claims.
Kühnen reaffirmed the earlier decision of his court but ultimately 
decided that a final decision must be taken up by the European Court of 
Justice (ECJ), because the original order concerns an allegation related
 to a violation of EU law.
In response to the news that proceedings will now be transferred to 
the Luxembourg courts, Facebook stood its ground, highlighting its 
belief that the competition authority’s original order was erroneous 
while at the same time praising the position of leading Judge Kühnen.
“Today, the Düsseldorf Court has expressed doubts as to the legality 
of the Bundeskartellamt’s order and decided to refer questions to the 
Court of Justice of the European Union,” a Facebook spokesperson told 
EURACTIV.
“We believe that the Federal Cartel Office’s order also violates European law.”
The Düsseldorf court will make a formal submission to the ECJ  in writing in the coming weeks.
EURACTIV
      
      
      
      
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