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Recently, Discussions have been taken place regarding the collection and use of data on online platforms. In many cases, online platform operators provide their services free of charge to users. Online platform operators process the data provided by users so the data can be commercialized by themselves or by third parties. Through this, Online platform users will be able to receive customized services. The customized services are provided to online platform users for free or at a low price, which increases benefits of life and promotes innovation society as a whole. Behind the positive aspects of data utilization, there are negative effects such as entry barriers using data are discussed. Another related issue is online platform operator’s data collection behavior and the application of competition laws. German Federal Cartel Authority(BKartA) and the Courts have made their own judgments on this issue, so attention is being paid to. The German Federal Cartel Authority’s decision has sparked debate. There was a suspicion that Facebook’s user data collection and use was in violation of German Anti-Competition Act (GWB). This case also seems to have affected the recent revision of the German Anti-Competition Act (GWB). In this paper, we will examine the basis of judgment of the German Federal Cartel Authority (BKartA) and the Courts on the Facebook case, respectively, and identify the impact and implications of this case.

Jin-Hee Ryu (Professor, School of Law, Korea University)
Jae-Han Sim (Professor, School of Law, Yeungnam University)

[Korean Economic Law Review, Vol. 20-2, Aug. 2021]