For me, looking back to the competition law year 2019, one of the most remarkable aspects of German competition law was the Facebook case – involving the German Federal Cartel Office as well as the Higher Regional Court in Düsseldorf, and even the German Federal Supreme Court. The question of whether and to what extent certain terms and conditions as well as the utilization of personal user data (as the new currency of the time) may constitute an abuse of market power combines many of the most interesting aspects of competition law, including network effects, platform markets, data protection, international tech giants, jurisdiction of the German Federal Cartel Office in the EU/international context, or the (in-)dependence of competition law from political influence. Let’s see whether the decision of the German Federal Supreme Court will generate many “LIKES”!!
Anne Filzmoser, LL.M. (Bristol) is a Senior Associate at the Düsseldorf Clifford Chance office.