The Facebook decision: is everything clear now?

The Facebook decision: is everything clear now?

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The Facebook decision of the German Federal Court of Justice this week is moving the competition law community – and not only them. After an initial statement by Rupprecht Podszun right after the decision was handed down, now Daniela Seeliger takes her turn. She clarifies what the Court has clarified – and what not. The Bundeskartellamt’s decision prohibiting Facebook from collecting and using data from its subsidiaries and third companies for its own business activities had caused a worldwide sensation….

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Facebook @ BGH

Facebook @ BGH

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The German Federal Supreme Court has ruled against Facebook and in favour of the Bundeskartellamt, the German competition authority, in preliminary proceedings on a leading competition/data case. This goes into the heart of Facebook’s business model. For the Bundeskartellamt, it is the most important case in the era of the data economy. The decision is, at the very least, a surprise. Rupprecht Podszun has first thoughts on it. You may read this post in German, too, by switching the language…

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SSNIPpets 39: Basteln und bauen

SSNIPpets 39: Basteln und bauen

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The time of working from home is for many people a time for DIY – the author of these lines met a well-known Düsseldorf antitrust law partner in the very long queue to a DIY store on a Corona-Saturday. The European Commission is also currently working on all kinds of things. And the courts are anyway. Time for a workshop report by Rupprecht Podszun. Here are his SSNIPpets – small but significant news, information and pleasantries – our pet project!…

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Ultra vires?

Ultra vires?

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Peter Meier-Beck on the judgment of the German Constitutional Court In a sensational judgement last week, the German Federal Constitutional Court (Bundesverfassungsgericht) denied the primacy of European law in a case involving decisions of the European Central Bank. The decision caused “horror” with Prof. Dr. Peter Meier-Beck, a presiding judge at the German Federal Court of Justice (Bundesgerichtshof). In this article he speaks as a high-ranking judge and makes it clear that he does not share the opinion of the…

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SSNIPpets (38): Phase II

SSNIPpets (38): Phase II

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In the antitrust community, the term “Phase II” has so far triggered thoughts about merger control: This is where Phase II is rather frightening. Today, “Phase II” gets a new meaning, even with competition folks – it is the gradual reopening of public life after the shutdown. Rupprecht Podszun is in his SSNIPpets phase. Here are his small but significant news, information and pleasantries – our pet project! Stop the clock Since we had collectively been ordered into isolation a…

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Greetings from Home Office!

Greetings from Home Office!

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Do you feel it, too? Somehow you had imagined being able to work from home one day, and you thought that must be brilliant… But then you started to find out what that means: You need to do your Hamsterkauf, your children scurry around your desk and that one essential document has been left at the office. The biggest challenge, however, in our humble opinion, is a different one: We miss the direct contact with our beloved colleagues from the…

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Antitrust law in times of crisis = crisis of antitrust law?

Antitrust law in times of crisis = crisis of antitrust law?

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The virus challenges everything – competition law is no exception to that rule. Marcel Nuys and Florian Huerkamp give a first account of the situation in antitrust law in our blog. And while nothing is safe these days, one thing is: This is not the last time we have to deal with competition law in times of the Covid-crisis. The famous and influential German Supreme Court Justice Ernst-Wolfgang Böckenförde spent a good amount of his academic work on the question…

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Conference Debriefing (19): AG Competition (Verein für Socialpolitik)

Conference Debriefing (19): AG Competition (Verein für Socialpolitik)

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A few days ago there was a conference on competition issues that was not cancelled. Hooray! In Berlin, the competition working group of the renowned German economists’ club “Verein für Socialpolitik” met. Prof. Dr. Andreas Polk was on site and reports for D’Kart about the last meeting of its kind for some time… This year’s meeting of the Competition Working Group, which traditionally meets before the Economic Policy Committee of the Verein für Socialpolitik, was not yet entirely dominated by…

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How the European Union can compete globally

How the European Union can compete globally

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By Dr Andreas Schwab, MEP European champions and a relaxation of competition law are again being discussed in Brussels. Manfred Weber and Esther de Lange from the EPP group in the European Parliament have sent a letter to Commissioners Margrethe Vestager and Thierry Breton, published by Politico here. D’Kart asked Dr Andreas Schwab for a statement – he is a colleague from the same group as the authors of the letter and a competition lawyer who is well versed in…

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