NEWSLETTER-2019-metin

111 COMPETITION LAW obtained; otherwise, this data will not be automatically transferred. In other words, users benefitting from Facebook services, and Face- book’s data collection activities, will be separated from each other. Facebook will be able to process the data of users of other social media platforms in the same group, such as WhatsApp and Instagram, with Facebook data, provided that express consent is obtained. Transferring and processing of third-party data with Facebook data will only be possible with the express consent of the users, and of their free will. In this context, the Cartel Office also stated that the concept of obtaining the express consent of the users using their free will can be understood as not making use of the Facebook services, conditional on the granting of this consent 4 . The Cartel Office has al- lowed a period of 20 months for the necessary changes to be made in the data processing activities. Facebook is also obliged to submit a detailed plan for changes to be made within four months. The Facebook decision of the Cartel Office is particularly critical in terms of identifying the relevant market, determining market power, and dominant position. Undoubtedly, the most important finding is that it is necessary to distinguish using Facebook services and data collection activities. In other words, it may be possible to use the Face- book service for users who do not accept the processing of such data in such a large and extensive scope. Instead of a Conclusion, the Decision of the Higher Regional Court The Higher Regional Court of Düsseldorf (“OLG”), which has been determined as the competent court for the decisions of the Cartel Office, is making very detailed decisions, which can result in changing case-law, from time to time, in terms of competition law. While discussing what will change after the Facebook decision of the Cartel Office, and the new limits of competition law, it has decided to suspend execution of the decision of the Cartel Office (“OLG YD Decision”) 5 . This decision, which is approximately 37 pages in length, 4 For detailed information: https://www.bundeskartellamt.de/SharedDocs/ Entscheidung/DE/Fallberichte/Missbrauchsaufsicht/2019/B6-22-16.pdf?__ blob=publicationFile&v=4 p. 2 (Access date: 29.09.2019). 5 For press release, see also; http://www.olg-duesseldorf.nrw.de/behoerde/presse/