The second probe running alongside would then identify potential problems to shape any intervention - with the FCO saying for example that it will look at whether Google/Alphabet “makes the use of services conditional on the users agreeing to the processing of their data without giving them sufficient choice as to whether, how and for what purpose such data are processed”.
that its working assumption is that Google/Alphabet’s business meets the legal bar in the GWB Digitalisation Act.īy running the two Google procedures in parallel the German competition regulator will be in a position to act faster - assuming the first proceeding confirms it can indeed intervene. The second, parallel procedure will see the Federal Cartel Office (FCO) undertake an in-depth analysis of Google’s data processing terms in a move that looks intended to avoid wasting time - i.e. In Google’s case, one of the Bundeskartellamt’s new proceedings will confirm whether amended competition rules, which came into force in January, apply in its case - which would enable the FCO to target it with proactive interventions in the interests of fostering digital competition. (The regulator is also probing Facebook’s tying of Oculus to Facebook accounts.) The move follows earlier proceedings targeting Amazon and Facebook - both of which are also looking to determine whether their businesses are of “paramount significance for competition across markets”, as German competition law puts it. Germany’s national competition regulator, the Bundeskartellamt, has continued its investigative charge against Big Tech - announcing that it’s opened two proceedings into Google.
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