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Sources: EU asks Google in its Fitbit acquisition to not use Fitbit data to “further enhance its search advantage” and to grant 3rd parties equal access to data

Pledge required that health data will not be used to improve search engine.  —  The EU has demanded that Google

Ars Technica Javier Espinosa

Context & Ripple Effects

The EU's scrutiny of Google's $2.1B Fitbit bid has moved from question to condition. After the European Data Protection Board flagged the deal as a "high level of risk" to privacy in February (EDPB's high-risk assessment) and the Commission began examining whether the acquisition would entrench Google's search and advertising businesses (the EU's data-entrenchment inquiry), sources now say Brussels is asking Google to pledge that Fitbit health data will never be used to "further enhance its search advantage" and that third parties get equal access to it.

That framing matters because it targets Google's core ad-search flywheel rather than device-market share alone — the first time in this review the remedy being negotiated is about data permission boundaries, not pricing or assets.

First-order effects

  • Google must accept written commitments fencing off Fitbit's health dataset from its search and advertising systems before the deal clears, directly constraining how it can monetize the acquisition.
  • Fitbit gains regulatory clearance only as a walled-off asset — its data becomes a shared resource under equal-access terms rather than exclusive Google fuel.

Second-order effects

  • Rival wearable makers and health-app developers gain a lever they lacked before: guaranteed third-party access to Fitbit data narrows the data moat Google would otherwise have built, and gives competitors a benchmark to demand from any future platform acquisition.
  • Advertisers and search rivals are spared a new behavioral-health signal feeding Google's targeting — preserving the competitive balance the EU's original inquiry set out to protect.

Third-order effects

  • If this pledge structure holds through approval — as the Commission ultimately did when it approved the deal conditioned on privacy and consent commitments ($2.1B approval with commitments) — the EU establishes data-access remedies as a standard tool for big-tech mergers, trading outright blocks for enforceable fences around acquired datasets.
  • Health and wearable data becomes the test case for whether regulators can audit and maintain such boundaries over time, not just write them at deal closing.

The trend: EU merger control is shifting from blocking data-rich acquisitions to approving them under explicit data-separation and equal-access commitments.

Discussion

  • @martinsfp Martin Sfp Bryant on x
    EU regulators apparently want Google to pledge not to use Fitbit data to “further enhance its search advantage” and that it will grant third parties equal access to it. The second part is understandable, but the first is odd when taken in combination. https://giftarticle.ft.com/.…
  • @pernillet Pernille Tranberg on x
    Asking Google not to use data from Fitbit in its search (or what about every other Google product?) is like asking a vampire not to drink blood https://www.ft.com/...