By Jacques Steenbergen, Martijn Snoep & Pierre Barthelmé

In a recent joint memorandum, the ACM, BCA, and Conseil de la concurrence wish to contribute to the discussions on the challenges that the digital economy raises for competition authorities. The memorandum focuses on issues in merger control, the need for guidance in fast moving digital markets, and the debate on an ex ante instrument providing for binding commitments without the establishment of an infringement. It concludes that the issues concerning the merger control thresholds relating to concerns about killer acquisitions and platform dominance require further study. The memorandum formulates suggestions in respect of ex ante guidance and endorses a proposal for an ex ante instrument.