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 […]

Competition in Changing Times FIW Symposium, Innsbruck

Competition in Changing Times FIW Symposium, Innsbruck

Introduction It would be hard to imagine anywhere more different from my home country – where the average place is thirty metres above sea level. Here in Innsbruck, everywhere you go, you get a glimpse of the Alps. The mountains are a presence you can never forget. People here live every day amongst giants. And […]

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 […]

How More Regulation for US Tech Could Backfire

How More Regulation for US Tech Could Backfire

Posted by Social Science Research Network By Larry Downes How More Regulation for U.S. Tech Could Backfire If 2017 was the year that tech became a lightning rod for dissatisfaction over everything from the last US presidential election to the possibility of a smartphone-driven dystopia, 2018 already looks to be that much worse. Innovation and its discontents are […]

Innovation Competition, Unilateral Effects and Merger Control Policy

Innovation Competition, Unilateral Effects and Merger Control Policy

Innovation Competition, Unilateral Effects and Merger Control Policy By  Nicolas Petit Click here for a PDF version of the article This paper looks at whether the standard unilateral effects model can be applied to non-price competition parameters such as innovation. This question arises because competition authorities are intervening in horizontal mergers that are found to […]

Antitrust Chronicle – Private Equity + CRESSE

Antitrust Chronicle – Private Equity + CRESSE

I. PRIVATE EQUITY Dear Readers, What does competition law have to do with private equity investments? If you listen only to the investors, the answer is “not very much.” But in fact the authorities have a substantial interest in determining whether a private equity transaction, like any other acquisition of stock or assets, has an […]