OTI and Coalition Urge Global Regulators to Closely Scrutinize Google/Fitbit Merger

Today, New America’s Open Technology Institute (OTI) joined an international coalition of twenty civil society organizations in releasing a common statement outlining the groups’ serious concerns regarding Google’s proposed takeover of Fitbit. The statement calls on regulators around the world to closely examine the proposed merger, including its impact on both competition and data privacy.

Google’s proposed acquisition of Fitbit would provide it with access to significant amounts of valuable personal data. Antitrust regulators should consider privacy as a competition issue in evaluating mergers. As the groups explain in the statement:

“Regulators must assume that Google will in practice utilise the entirety of Fitbit’s currently independent unique, highly sensitive data set in combination with its own, particularly as this could increase its profits, or they must impose strict and enforceable limitations on data use.”

Earlier this week, U.S. antitrust regulators issued new guidelines for evaluating mergers that OTI said were too weak. In February, OTI urged the regulators to create guidelines that take a stronger posture toward deals involving digital platforms such as Google and Fitbit.

The following quote can be attributed to Sharon Bradford Franklin, policy director at New America’s Open Technology Institute:

“This proposed merger with Fitbit would give Google access to vast troves of sensitive health-related information and location data. Such data, when combined with the extensive stores of personal information already held by Google, could pose significant barriers to competition as well as risks to consumer privacy. Although Fitbit isn’t a direct competitor for Google, both companies are in the business of collecting and monetizing individuals’ sensitive personal information. As our coalition urges, regulators should look long and hard at this proposal.”