Closing the tech acquisitions enforcement gap: from article 22 to article 102

Research output: Contribution to journalArticleAcademicpeer-review

Abstract

Platform power poses a number of challenges for competition authorities. One concern is that big tech companies may harm competition through the acquisition of emerging companies with a high competitive potential. Such acquisitions may escape ex ante merger control if they do not reach the turnover threshold for mandatory notification. The Commission sought to bridge this enforcement gap with its Article 22 guidance and the Digital Markets Act. This paper evaluates the steps taken by the Commission to increase scrutiny of such mergers. Building on this discussion, the paper examines the AG opinion in Towercast and analyses the residual gap-closing function of Article 102 TFEU. The aim of this paper is to bring the new developments surrounding digital merger control together and assess whether they represent an adequate response to the challenges posed by the digital economy.
Original languageEnglish
Pages (from-to)193-217
Number of pages25
JournalEuropean Competition Journal
Volume20
Issue number1
Early online date18 Oct 2023
DOIs
Publication statusPublished - 2024

Keywords

  • Article 102 TFEU
  • Digital Markets Act
  • EU Merger Regulation
  • Tech acquisitions
  • enforcement gap

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