On Autosport.com I found an interesting quote by Sam Michael:
"It is clear in the regulations what you can do," he said. "That is what the FIA thinks, that is what the stewards think. The OWG [Overtaking Working Group] finding was that producing more diffuser downforce resulted in an increase in downwash for the following car and improved overtaking capability.
"So from that point of view, our diffuser is helping overtaking and the others are not. That study was done by Renault, Ferrari, McLaren and BMW Sauber. So by their own studies they said we should increase diffuser downforce, and that is what we have done."
http://www.autosport.com/news/report.php/id/74033
I thougth it was told the OWG found out otherwise. That high downforce wings were the solution for overtaking instead of high downforce diffusers. As far as I know the 2009 diffusers only contribute for 15% of the total downforce instead of 40-45% in 2008.