Mahi Sall, Advisor, Fintech-Bank Partnerships, Payments and Financial Inclusivity
January 25th, 2023
Linklaters | Anna Fava | Jan 28, 2021
Earlier this month Google closed its acquisition of Fitbit, following an in-depth investigation by the European Commission resulting in conditional clearance late in 2020.
The EC’s decision brings a new approach to merger review in data intensive industries. The EC accepted a “data silo” remedy and an access remedy of an unprecedented duration, both of which are innovative.
It also shows that the EC’s more interventionist approach to big tech is not limited to the DMA proposal and that there will remain a role for the more traditional competition law instruments to support the EC’s digital agenda.
We consider some interesting aspects of the case, while we await publication of the detailed decision.
The EC’s press release highlights the following concerns:
The EC also considered, but ultimately dismissed, concerns that the combination of the parties’ databases could give Google a competitive advantage enabling it to foreclose competing digital healthcare service providers.
See:
At their core, the commitments require the following:
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