Turbulence in Merger Control

Turbulence in Merger Control

2023 was a particularly “hot” year in the world of EU competition enforcement.

We saw the designation of DMA gatekeepers, the Google antitrust trial in the US, the FTC’s case against Amazon and many seminal ECJ judgments (e.g. Servizio Elettrico Nazionale, Facebook/GDPR, Super League, ISU and Royal Antwerp).

On the M&A side, the debate was dominated by two interesting cases in digital markets: Booking/eTraveli and Microsoft/Activision.

As these cases might have consequences on future transactions scrutinised in the UK and in the EU, we compare some interesting aspects of the two merger assessments: the theories of harm, the consideration of ecosystem effects, and the remedies proposed.

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Turbulence in merger control