Antitrust Developments in Europe & the U.S., Competition Rules in the Digital Markets Act and Other Regulatory Updates on Merger Regulation

Fenwick antitrust & competition associate Elizabeth Suarez will participate on a panel to discuss the latest developments in antitrust across Europe and the U.S., competition aspects of the Digital Markets Act, Article 22 & Merger Regulation as well as new FDI screening.

The EU’s Digital Markets Act (DMA) will apply to EU and US companies starting on May 2, 2023. The regulation is intended to ensure that “gatekeepers,” i.e. online platforms such as search engines, social networks and marketplaces, that provide other companies with services that are important for accessing digital markets, cannot – for example – block access to their users.

In comparison to the rather abstract instruments antitrust law has provided so far, the DMA relies on specific conduct obligations and requirements derived from the current practices in competition law in the digital sector. However, the DMA does not foresee that companies can justify their behavior or cite efficiencies achieved with their conduct as a rationale for failing to comply with the rules.

This panel will address Taming big tech: The new DMA

• Antitrust aspects of the DMA
• Projected designated “gatekeepers”
• Why the DMA is intended to prohibit conduct that would be difficult to prohibit at all or quickly enough under the prohibition of abusive practices under competition law