Exploitative Conducts in Digital Markets : Time for a Discussion after the Facebook Decision

- The recent interim ruling of the Düsseldorf Higher Regional Court in the Facebook case shows the difficulties that a competition authority might face when it comes to sanctioning exploitative abuses in digital markets.- Rather than adopting infringement decisions, competition agencies should conclude behavioural commitments with the dominant online platform.- Competition authorities may borrow from the European data protection regime a number of behavioural remedies to tackle forms of privacy degradation unilaterally imposed by online platforms