Datenschutzrechtsverstöße als kartellrechtlicher Konditionenmissbrauch

The German Federal Cartel Office´s decision stating that Facebook violated antitrust law by breaching the Data Protection Law is highly controversial. Is it possible to ground an abuse of market dominance on Data Protection Law violations?
The author examines the formal, substantive and doctrinal issues of this legal question. By determining the scope and system of antitrust law, she establishes a number of criteria for deciding whether non-Antitrust Law breaches may justify an abuse of market power by use of unreasonable contractual terms. The monograph also addresses and evaluates the competence-related problems deriving from two different authorities examining the same Data Protection Law violations.
The author concludes that non-antitrust law breaches may constitute an abuse of market power under circumstances present in the case of Data Protection Law, but that cartel authorities in Europe lack the competence to determine a breach of the GDPR themselves.