The big gets bigger: The need to closely monitor the Facebook-Jio deal through competition law

Khandelwal, Pankhudi (2020) The big gets bigger: The need to closely monitor the Facebook-Jio deal through competition law. RGNUL Student Research Review, 7 (1). pp. 152-161.

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The Competition Commission of India (“CCI”) has recently approved the acquisition of minority non-controlling shareholding of approximately 9.99% in Jio Platforms by Facebook. Analyzing this kind of arrangement between the world’s largest social media site and the biggest telecom operator in India requires not just the assessment of business aspects of the deal, but also the collection of huge amounts of consumer data by both the entities and raises the concern of protection of such data. Facebook has had a record of acquiring companies to acquire more data of users, which makes it important for the CCI to analyze the deal keeping in mind the dominance of Facebook in the collection of data. The article elaborates on this practice of Facebook by analyzing the Facebook/Whatsapp merger case to argue that the Facebook-Jio deal should be monitored by the competition law authority. This becomes more interesting when we look at the decision of the German Federal Court of Justice decided on the same date as the CCI order which has held that Facebook has abused its dominant position by illegally combining data from various third-party websites. The decision relied on the aspect of consumer choice to examine the behavior of dominant entities and stated that a dominant entity not giving its consumers the choice to decide how much data they want to share causes an abuse of its position. The article discusses the intervention required by competition and consumer protection law to ensure the effectiveness of consumer consent post Facebook-Jio deal.

Item Type: Article
Keywords: Facebook | Jio | Privacy | Competition | Data | Choice | Consumer
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 21 Feb 2022 06:30
Last Modified: 21 Feb 2022 06:30
Official URL:


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