NEWSLETTER-2019-metin

112 NEWSLETTER 2019 has added new dimensions to the discussions. The OLG YD Decision opposes the Cartel Office’s assessment of competition law and the data protection law. The OLG states that even if Facebook’s data processing activities contain legal incompatibilities under the data protection law, there is serious suspicion that this is also a breach of competition. Thus, the OLG has brought serious counter- arguments about the most innovative findings of the Cartel Office. The OLG states that users have no economic losses due to Facebook’s data protection policy. The reason behind this is that users’ data is not lost after the transfer to Facebook. Unlike precedents of the Federal Court of Justice referred to in the decision of the Cartel Office as exploita- tion, it is stated that the data obtained by Facebook is reproducible and consumers are not harmed by this activity. As a result of the OLG YD Decision, Facebook does not have to implement the decision of the Cartel Office. It will be able to continue its existing data processing activities, at least until the end of the trial. One thing is certain, however: The limits of competition law will drastically change at the end of this judicial process. Even if the OLG cancels the decision of the Cartel Office at the end of this process, Andreas Mundt’s statement 6 that he will ultimately carry the case to the European Court of Justice, shows the determination of the Competition Authority on this matter. Therefore, it is seen that competition law will be a serious obstacle for Facebook and similar enterprises to act “unlimited” in their policies to obtain big data. In other words, the Cartel Office explicitly tells the companies having “big data”, such as Facebook, “Die Fette Jahren sind Vorbei” 7 as exhibited in a Federal German movie. Presse_aktuell/20190826_PM_Facebook/index.php (Access date: 10.10.2019), For the mentioned court decision, see: http://www.olg-duesseldorf.nrw.de/be- hoerde/presse/Presse_aktuell/20190826_PM_Facebook/20190826-Beschluss- VI-Kart-1-19-_V_.pdf (Access date: 10.10.2019). 6 https://www.wiwo.de/politik/deutschland/facebook-verfahren-kartellamtschef- will-bis-in-die-letzte-instanz-gehen/24157606.html (Access date: 10.10.2019). 7 In a movie from 2004 called “The Edukators,” a small group of three people sneak into the homes of wealthy individuals, and pretend as if it is theft, but relo- cate items without stealing anything in order to draw attention to the inequality of opportunity. They also leave a piece of paper with the words “profitable years are over” to give the hosts a lesson.