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The Advocate general at the ECJ has no fundamental objections to the fact that a competition authority indirectly examines provisions of the GDPR when applying the prohibition of abuse of market power under competition law. That concerns the first and seventh questions referred. A processing of sensitive personal data already exists with the mere input...
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I am proud to announce that I have been elected as the new Secretary General if the International Foundation of Computer Law Associations. As such I am responsible for the day-to-day-business of the honourable foundation. For example, IFCLA hosts its own international conference. The next one is right on its way to be organised. I...
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The proposal for a Digital Markets Act published last year contains regulations for a European approach to market regulation of digital platforms. First of all, this includes the identification as relevant gatekeepers, which are prohibited from certain practices in Artt. 5 and 6 DMA-E. The prohibitions and other provisions of the regulation are to be...
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Last year, the ECJ ruled on the jurisdiction of an antitrust action. I wrote about the interpretation on this blog. A few weeks ago, the BGH ruled on the case and referred it back to the Higher Regional Court of Schleswig for a new decision. The full text of the decision was published yesterday. Essentially,...
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Something new this way comes: a newsletter! Register now and receive the latest news on antitrust and telecommunications law. I am relying on the simple solution of the market leader MailChimp. Yes, this also means that I can monitor the success of the newsletter. So unlike visits to my website, the behavior of subscribers is...
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Antitrust case against Apple
This week the EU Commission announced that it has started antitrust investigations against the platform group Apple. Both antitrust proceedings are focused on the terms and conditions of Apple’s platform. One concerns the conditions for the App Store (Commission press release); the other concerns the conditions for Apple Pay (Commission press release). In both cases...
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Access to the technical infrastructure of a system undertaking
End of last year I reported on the introduction of a new provision in the German ZAG aka PSSA, Section 58a PSSA. You will find this regulation there cited in its entirety. It contains provisions on sector-specific access regulation. It is intended to overcome competitive abuses in the field of mobile payment solutions. This regulation...
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§ 58a ZAG
In Germany, the following new regulation has been in force since the beginning of this year: Access to technical infrastructure services for the provision of payment services or e-money (1) An undertaking contributing through technical infrastructure services to the provision of payment services or the conduct of e-money business within the national territory (system undertaking)...
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Access to Data
Promotion in my own interest: the handbook “Datenrecht in der Digitalisierung” (Data Law in Digitalisation), edited by Louisa Specht-Riemenschneider, Nikola Werry and Susanne Werry, is now available. It is a very opulent volume, which in the end only just misses the 1,000 page mark. Not that the mere number of pages matters: But more than...
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The importance of data for competition has been clear not only since the Bundeskartellamt’s pioneering Facebook decision. Numerous references and interrelationships also seem to exist between the fields of antitrust law and data protection law. In the summer I participated in several conferences (among others with my colleague Carlo Piltz from reusch.law). Now I have...
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Dr. Sebastian Louven

Rechtsanwalt Sebastian LouvenSince 2016 I have been an attorney at law. I advise mainly on antitrust law and telecommunications law. Further focal points of my work are intellectual property law as well as distribution law and IT law.

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