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 their impact on innovation and potential foreclosure effects. However, this should not necessarily result in more antitrust intervention. As the merger control assessment is forward-looking, authorities should carefully consider the role of data in the individual context of fastmoving tech markets, which will often be pro-competitive and resulting in efficiencies for consumers.

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