alerts & publications
The Deal: Merger Control and Privacy - The Right Tool for the Job?October 12, 2020
O’Melveny antitrust counsel Sergei Zaslavsky authored this The Deal article, which explores whether merger control is the right means for protecting privacy interests.
“While merger review is traditionally concerned with competitive effects of the transaction, some commentators and politicians are calling for other considerations to play a role. Privacy is a prime example,” Zaslavsky writes.
“Privacy issues in a merger may either be intertwined with competition issues or be independent of competition issues,” Zaslavsky notes. “An example where privacy presents a standalone issue is when there is a concern that the merger will lead to a deterioration of consumer privacy, but for reasons unrelated to competition (e.g., the acquiring company will simply make greater use of consumer data than the acquired firm did pre-merger).”
Focusing his analysis on situations where privacy issues arise separate and apart from competition issues, Zaslavsky argues that the merger control framework works well for protecting competition, but is not a good fit for other policy goals such as privacy.
The Deal subscribers can access the full article here.
Thank you for your interest. Before you communicate with one of our attorneys, please note: Any comments our attorneys share with you are general information and not legal advice. No attorney-client relationship will exist between you or your business and O’Melveny or any of its attorneys unless conflicts have been cleared, our management has given its approval, and an engagement letter has been signed. Meanwhile, you agree: we have no duty to advise you or provide you with legal assistance; you will not divulge any confidences or send any confidential or sensitive information to our attorneys (we are not in a position to keep it confidential and might be required to convey it to our clients); and, you may not use this contact to attempt to disqualify O’Melveny from representing other clients adverse to you or your business. By clicking "accept" you acknowledge receipt and agree to all of the terms of this paragraph and our Disclaimer.