Submission to the European Commission regarding the proposed acquisition of Fitbit, Inc. by Google LLC (Case M.6990 Google/Fitbit)
July 2020 privacyinternational.org
Submission to the European Commission regarding the proposed acquisition of Fitbit, Inc. by Google LLC (Case M.6990 Google/Fitbit)
Executive summary
This submission comprises Privacy International's ("PI") preliminary comments on Google LLC's ("Google") proposed acquisition of Fitbit, Inc. ("Fitbit") (Case M.6990 Google/Fitbit, the "proposed acquisition"), notified to the European Commission (the "Commission") for review on 15 June 2020.1 This submission also constitutes PI’s application to be heard as an interested third person as part of the Commission's review.
PI is an international charity, based in London, which campaigns against companies and governments who exploit individuals’ data and technologies. PI employs specialists in their fields, including technologists and lawyers, to understand the impact of existing and emerging technology upon data exploitation and our right to privacy, including in relation to online platforms and the advertising technology ("ad tech") industry.
PI has an established track record of engaging with competition regulators around the world on issues that concern the intersection of data/privacy and competition laws. For example, we have submitted evidence to the Commission,2 the UK Competition and Markets Authority (the "CMA")3 and the U.S.
1 https://ec.europa.eu/competition/elojade/isef/case details.cfm?proc code=2 M 9660 2 PI, Privacy International’s submission to the European Commission consultation on ‘shaping competition policy in the era of digitisation’, October 0 , https://privacyinternational.org/advocacy/2312/privacy- internationals-submission-european-commission-consultation-shaping. 3 PI, Submission to the Competition and Markets Authority’s call for information on digital mergers, July 0 , https://privacyinternational.org/node/ 0 ; Response to the CMA’s online platforms and digital advertising market study, 29 July 2019, https://privacyinternational.org/advocacy/3101/response-cmas- online-platforms-and-digital-advertising-market-study.
Federal Trade Commission ("FTC")4 regarding data and competition issues. With regard to the proposed acquisition at issue here, PI has also submitted comments5 before the Australian Competition and Consumer Commission (the "ACCC") in the context of its informal review,6 and was a signatory to a statement by 20 consumer and citizen groups issued on 2 July 2020 identifying serious concerns with the proposed acquisition.7
The proposed acquisition requires very close scrutiny by the Commission. It is highly likely to significantly impede effective competition in several vitally important markets and result in the strengthening of Google's dominant positions, with ramifications for competition and in turn upon consumers and wider society. In particular, the proposed acquisition would: