Datenmacht in der kartellrechtlichen Missbrauchskontrolle

The continuously increasing relevance of online platforms has led to data being of extreme importance for competition. In the age of big data, data has created effective competition in terms of quality and innovation. At the same time, data power poses risks with regard to competition. As a result, numerous new legal issues have arisen concerning the treatment of such data power in relation to the regulation of antitrust abuse.

This study examines the effects of data power on the regulation of antitrust abuse by referring to the German Federal Cartel Office’s (Bundeskartellamt) latest case against Facebook. It examines whether and how aspects of data protection can or should be considered with regard to the monitoring of abuse. It also provides an overview of the risks of data power in relation to antitrust issues and clarifies the relationship between anti-trust law and data protection law.