On 11 February 2022, the UK’s Competition and Markets Authority (“CMA”) issued its decision to accept the commitments offered by Google in relation to its Privacy Sandbox proposals (“the Decision”). The Decision is noteworthy in several respects. First, it highlights the complicated tradeoffs between the goals of enhanced privacy protection and of protecting competition in digital markets. The Decision also illustrates the complexity of well-designed regulatory intervention in digital markets. As the CMA’s case shows, intervention that seeks to protect incentives to innovate and achieve beneficial market outcomes requires a commitment to constructive engagement at a highly detailed level and a recognition of difficult trade-offs between various policy goals. Background In August 2019,
The UK Competition Authority accepts a Big Tech company’s commitments in its treatment of third-party cookies (Google Privacy Sandbox)
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