Antitrust Chronicle – The Digital Economy – Mergers

Antitrust Chronicle – The Digital Economy – Mergers

As the fast-moving digital economy has quickly grown, mergers in this sector have continued to increase in numbers. Antitrust regulators, private practitioners and undertakings have had to face this challenge head-on. Does traditional merger analysis remain effective under these new and constantly changing circumstances? Our February Chronicle attempts to shed light on this question. Our […]

Data, Innovation, and Potential Competition in Digital Markets – Looking Beyond Short-Term Price Effects in Merger Analysis

Data, Innovation, and Potential Competition in Digital Markets – Looking Beyond Short-Term Price Effects in Merger Analysis

By Terrell McSweeny & Brian O’Dea –  Evaluating mergers in digital markets requires enforcers to consider a number of factors beyond short-term price effects. One crucial factor is the competitive significance of data and its potential role as a barrier to entry. Innovation and quality effects are also important to consider in digital markets, including […]

Digital Markets in EU Merger Control: Key Features and Implications

Digital Markets in EU Merger Control: Key Features and Implications

By Eleonora Ocello & Cristina Sjödin –  This article identifies certain key features of digital markets and describes their implications for EU merger control, drawing on the European Commission’s merger practice in this area. The features discussed include digital markets’ fast-moving nature, two- or multisidedness, non-monetary-price nature, network effects, multi-homing and data accumulation issues. From […]

Digital Markets and Merger Control in the EU: Evolution, not Revolution?

Digital Markets and Merger Control in the EU: Evolution, not Revolution?

By Catriona Hatton, David Gabathuler & Alexandre Lichy –  The emergence of new business models, technologies and even markets creates particular challenges for antitrust enforcers. Tried and tested antitrust theories and practices may no longer withstand scrutiny. Antitrust agencies may be tempted to develop novel theories of harm or seek additional powers to address real […]

Mergers in the Digital Economy: A Practitioners’ Outlook on Key Merger Control Aspects of Big Data and Innovation in Digital Markets

Mergers in the Digital Economy: A Practitioners’ Outlook on Key Merger Control Aspects of Big Data and Innovation in Digital Markets

By Falk Schöning & Christian Ritz –  With M&A activity in the tech sector surging, data-related aspects of merger control are becoming more important. New size-of-transaction thresholds increase the likelihood of filing requirements and raise new questions regarding the local nexus of certain deals. Substantively, mergers of data-rich companies are likely to be reviewed regarding […]

Navigating the Digital Age: The European Commission’s Differing Approaches to Merger Control and Abuse of Dominance in the Digital Sector

Navigating the Digital Age: The European Commission’s Differing Approaches to Merger Control and Abuse of Dominance in the Digital Sector

By Pola Karolczyk & Kyle Le Croy –  With the digital economy come both challenges and opportunities. In the wake of the digital age, antitrust authorities must develop rules to address the increasing reliance on Big Data, the demand for constant innovation, and the shifts in the very language we use to talk about competition […]

Dismembering Producers from Customers: The Google/Sanofi Joint Venture

Dismembering Producers from Customers: The Google/Sanofi Joint Venture

By Rupprecht Podszun –  In merger cases involving the big platform operators, the EU Commission has difficulties to analyze markets properly. The joint venture of Sanofi and Google illustrates the shifts taking place in the economy. In particular, producing companies lose the customer interface where a platform squeezes in. Traditional competition law tools do not […]

New Rules for Mergers in the Digital Economy in Germany

New Rules for Mergers in the Digital Economy in Germany

By Peter Stauber –  This article presents the recent changes to German antitrust law introduced by the 9th Amendment Package to the ARC that affect mergers in the digital economy. It first details the new transaction value-based merger control threshold and discusses the challenges its application poses for practitioners. The second part focuses on the […]