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MLex Market Insight

Facebook’s data collection in Germany caught in antitrust spotlight

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 26 February 2018

⏱️ 15 minutes

🧾️ Download transcript

Summary

James Panichi, managing editor for Australasia, and Matthew Newman, chief correspondent in Europe, discuss a ground-breaking antitrust case at the intersection of data-protection and competition law. Matthew describes how the German competition authority has charged Facebook with using its network effects to “lock in” its users and gather data from websites outside Facebook without the user’s knowledge or agreement. Facebook is accused of abusing its market power by merging this data with users’ profiles. This harms consumers because they don’t have control over how their personal data is used. The German authority plans to issue a final decision before the summer. Matthew describes why the case is unusual and not likely to be replicated by other competition authorities.

Transcript

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0:00.0

Hello, welcome to another MLEX podcast. I'm James Panicki, Mlex's managing editor for Australasia,

0:17.4

coming to you from our offices at the heart of Melbourne's central business district.

0:22.6

Now, we're all familiar with Facebook. The social media platform is continuing to attract

0:27.6

regulatory scrutiny as competition watchdogs grapple with just how much market power it has.

0:34.5

It's something that's grabbing regulators' attention throughout the world. In fact, just

0:38.5

recently, the Australian Competition Watchdog, the Australian Competition Consumer Commission,

0:43.5

announced a probe into the power of platforms such as Facebook and Google, and we covered

0:48.9

that announcement in some detail at the time. But in Germany, the Facebook story faces an additional layer of complexity.

0:57.9

Regulators there are firstly concerned that the social platform may be in breach of German

1:02.9

data protection rules because of the data it collects from other social networking sites.

1:08.4

But more importantly for us, the regulators are also concerned that

1:12.6

Facebook might be abusing its market power by merging this data with information obtained from

1:18.3

users' Facebook accounts. It's a big call based on some complicated legal considerations, and something

1:25.4

like this demands the superior analytical skills of

1:28.7

Matthew Newman, Emlex's senior correspondent, who covers mergers, antitrust, and cartel

1:34.4

investigations from our Brussels Bureau. Hello, Matthew. Hello, James. Glad to be here.

1:40.7

Now, Matthew, walk me through the issues. What are the German Competition Authority's

1:46.0

charges against Facebook? You're absolutely right that this is an unusual and complex case. It's the

1:52.1

first one we've seen, and it's the first one for Europe. Facebook is facing the charge that they

1:59.2

are using exploitative business terms.

2:02.6

So that's the technical competition term for the abuse.

2:07.6

Essentially what it means is that Facebook has so much market power,

...

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