On February 8, 2019, the BKartA decided that Facebook’s practice to collect and combine user data from third-party websites/apps, including from Facebook-owned services What’sApp and Instagram, without requesting user consent is an abuse of dominance. It ordered Facebook to terminate the infringement, as well as to suggest solutions for an opt-out system, so that users refusing consent can continue using Facebook (and can only be subject to very restricted data collection and combination). This is a far-reaching decision and aims right at Facebook’s business model. Silke Heinz comments on the decision in Global Competition Review, see here.
She has also published a blog on the decision on Kluwer Competition Law Blog, see here.