The Federal Trade Commission has proposed requiring neutral access to LiveRamp's services and barriers around its customers' data as part of Publicis's approximately $2.2 billion acquisition. The agency accepted the consent terms on October 19, subject to final approval and public comment.
The proposal addresses the FTC's allegation that ownership of LiveRamp would let Publicis disadvantage competing advertising agencies and audience-data providers. The complaint describes LiveRamp as a provider of infrastructure that moves data used to plan, deliver and measure digital advertising.
Access and data restrictions
The proposed order would require equivalent access on fair, reasonable and nondiscriminatory terms to LiveRamp's standalone services, technical support and commercial programs when offered or renewed. It permits different products and services for objective, specific reasons related to the work for a customer and consistent with LiveRamp's past practices. It would prohibit degrading customers' access because they compete with Publicis or its customers.
Publicis generally could not access or use customer data held by LiveRamp without express customer authorization. The proposal also provides for limited access needed for management and administrative functions, subject to restrictions on use and disclosure. Technical controls, separation and access logs would support the information safeguards.
These are proposed protections for LiveRamp customers' data and competition between suppliers. They do not establish that the acquisition has closed or that customer data have already been misused.
Audits and customer protections
An independent auditor would examine compliance with the access and information safeguards every six months for the first two years following the acquisition, then annually. Customers would receive copies of the periodic audits on reasonable request. They could also request an audit of data-protection, privacy and security obligations to their own business, at their expense, up to once a year.
The proposal bars retaliation against customers who raise compliance concerns with FTC staff. It also sets out a mediation process for unresolved customer contractual disputes arising from or relating to noncompliance with the order. The proposed order would terminate five years after issuance.
Public comment comes before a final decision
The FTC announced a 30-day public-comment period and said filing instructions appear on the docket. Its analysis says comments become part of the public record. After that period, the Commission can withdraw from the agreement, modify it or finalize the order. The documents read do not print a calendar closing date.
The proposed decision says signing the consent agreement does not admit the alleged legal violations or the complaint's factual allegations, apart from jurisdictional facts. The FTC's case page lists the matter as pending.