The EC accepted Google’s commitments following an in-depth investigation.
A merger cleared after an in-depth investigation: Google’s acquisition of FitBit was notified to the EC in June 2020. The EC was concerned that, on top of creating new barriers in the advertising market, Google would also restrict access to FitBit’s Web API, currently used by several players in digital healthcare, and would put manufacturers of wearable devices at a disadvantage by degrading their interoperability with Android smartphones.
Google makes extensive commitments: To address the concerns, Google committed to refrain from using data from Fitbit devices in the EEA for advertising purposes. Google will also maintain third-party access to the FitBit Web API, and license for free to Android original equipment manufacturers (OEMs) the public APIs that wrist-worn devices need to interoperate with an Android smartphone. On 17 December 2020, the EC accepted Google’s commitments and cleared the merger.
Consumer bodies are unhappy: The European Consumer Organisation (BEUC) criticised the EC’s decision, arguing that the commitments are insufficient to guarantee competition in wearables and digital health, and that there is a serious risk that Google will exploit sensitive health data in several markets.
