Data-Driven Mergers

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Data-Driven Mergers

Chris Gannon

Privacy & Antitrust

The current approach to data-driven mergers largely ignores the potentially detrimental effects of concentration of personal data on consumers. However, there must be a route that enables the integration of privacy concerns into competition law analysis to ensure that privacy, considered as a fundamental aspect of consumer welfare, is not degraded by the merger.

Ben Chamberlain

Data accumulation as barrier to entry?

A dynamic digital environment requires antitrust authorities to meticulously and creatively assess a broad range of determinants in deciding on the competitive effect of some merger. Data accumulation in that regard can be taken as a red flag, but not as solid proof of detrimental anti-competitive effect.

Jignesh Gajjar

Acquisition on condition

By the end of 2020, the European Commission approves Google's acquisition of Fitbit on conditions. Google had to commit to not using location, health, and well-being data from Fitbit users for 10 years to target ads. The company also assured that the deal will not affect Fitbit's competitors using Android and has indicated that it will not interfere with the operation of Fitbit devices on other operating systems. The European regulator also demanded that users have the option to disable data sharing with other Google services.

Johnkutty KM

Our Series

One Way Ticket to Luxembourg - Facebook v. Bundeskartellamt at the ECJ

By Mario Tavares Moyrón & Petar Pešić • 14 Apr, 2021

A landmark competition-privacy case has been sent to the European Court of Justice. The Higher Regional Court in Düsseldorf has decided that the GDPR-related concerns on the much-expected Bundeskartellamt v. Facebook dominance dispute shall be interpreted by the ECJ before a final ruling is set in German Courts.

WhatsApp’s Privacy Policy in the Light of the Bundeskartellamt’s Facebook Decision and the Turkish experience

By Gözde Diktas • 14 Apr, 2021

WhatsApp was acquired by Facebook in February 2014. It was unforeseen the massive relevance that both companies' combined data would eventually have for Facebook’s business model. We currently see a clearer perspective of the above in light of WhatsApp’s new privacy policy.

(Sensitive) Data Mergers and Consumer Welfare

By Juliana Novaes • 14 Apr, 2021

The acquisition of Fitbit by Google is an emblematic case, as it represents an attempt by Google to expand their participation in the wearables and the health market. This text aims to provide a short overview of the main antitrust and privacy discussions surrounding the case, including the particularities involving sensitive data and the impacts of the merge when it comes to consumer welfare.

Privacy as an Element of Product Quality in the Assessment of Data-Driven Mergers

By Nathalie Alquati Bonisoli • 14 Apr, 2021

Propensity of Data Accumulation to Raise ‘Barriers to Entry’

By Miljana Todorovic • 11 Apr, 2021

Google-Fitbit Takeover: Good Night Sleep or Insomnia?

By Vicky Tatsi • 10 Oct, 2020

Last year, Google announced its decision about Fitbit’s acquisition. However, the European Commission will now carry out an in-depth investigation into the effects of the transaction as it is concerned that Google, that holds a dominant position in the online advertising markets, will gain a huge “data advantage” as a result of this acquisition.

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Twitter’s whistleblower problem vs. Elon Musk’s commitment to walk away from his $44bn Twitter deal

By Kamayani • 21 Sep, 2022

Elon Musk points at Twitter's cybersecurity vulnerabilities to cancel $44 bn buyout-deal.

TikTok-ing on the National Security Defence

By Raushan Tara Jaswal • 21 Sep, 2022

Time is running out on the National Security defence adopted by the Government of India for the prolonged ban on Chinese based Mobile Applications.

Australia’s ACCC taking on Google’s ad tech business

By Marco Schmidt • 21 Sep, 2022

This article is a follow-up to “Showdown Down Under?” which was published here last year. As our cycle aims to explore jurisdictions outside the EU and North America, we will further dive into Australian competition law by outlining its basic structure, introducing the relevant actors and give an insight into the pursued policies in the realm of digital markets with a particular focus on “ad tech”.

Challenges and Opportunities of AI in Outer Space

By Linda Jaeck • 16 Jan, 2022

How AI is enabling new frontiers in Mars exploration.

Showdown Down Under?

By Marco Schmidt • 09 Aug, 2021

Regulation is gaining more traction all over the place but it is uncertain if the Australian News Media Bargain Code will become a role model for legislation in other places. There are several weaknesses to the Code and after all, it is not clear if paying publishers for their content will really alter the high levels of market concentration.