Jurisdiction(s):
United Kingdom

Key definition

Advertising definition

What does Advertising mean? Advertising, in legal practice, describes any communication by a trader intended to promote the supply or transfer of products (goods, services, digital content). Across England & Wales, Scotland and Northern Ireland, legislation implementing the EU regime on misleading and comparative advertising (notably the Business Protection from Misleading Marketing Regulations 2008) defines advertising broadly as any form of representation made in connection with a trade, business, craft or profession to promote the supply of goods or services, including immovable property, rights and obligations. In Ireland, equivalent implementing measures adopt a materially similar definition; usage is broadly consistent across the...

European Commission conditionally clears Google/Fitbit with 10-year behavioural remedies on advertising data use, Web API access and Android interoperability (M.9660)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub records the position as at the decision dated 17 December 2020 and is no longer updated. For more detail, see the timeline.

Case facts

Outline

European Commission merger review of the proposed purchase by Google LLC of Fitbit Inc. (M.9660). The deal gives rise to horizontal overlaps in markets for supplying online search and display Advertising services and ‘ad tech’ services.

Latest developments

On 17 December 2020, the Commission cleared the deal subject to commitments. To remedy the Commission’s concerns, the package comprises behavioural and access measures that set limits on Google’s use of data gathered for advertising, protect Interoperability between competing wearables and Android, and allow users, if they wish, to go on sharing health and fitness data. The commitments will apply for ten years, and the Commission may extend the advertising-related commitments for a further ten years if justified.

Parties

Google LLC (Google): Google is an American multinational technology company operating across a broad range of product areas, including online advertising technology, internet search, Cloud computing, software, and hardware, amongst other products...

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Web page updated on 22/05/2026

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