Mergers in the Digital Era

Nov 27, 2019

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  • The key characteristics of digital markets, tech platforms and ecosystems.
  • The relevance of network effects, multihoming and interoperability in the substantive analysis.
  • Big data as an asset or input.
  • Perceived enforcement gaps in digital mergers, including oversight of acquisitions of tech start-ups.
  • Lack of prevalence of “killer acquisitions.”
  • Whether jurisdictional merger thresholds should be lowered or expanded (e.g., adding transaction value thresholds).
  • Online advertising and “attention” (two-sided) markets and the challenges this poses for market definition.
  • Treatment of low probability-high impact competitive harm, and whether authorities should avoid Type II errors.
  • Key Takeaways from the Furman, Lear and Cremer Reports.
  • Innovative remedies in digital mergers.

The audience included representatives from major tech platforms, telcos, automotive manufacturers, financial institutions, investors, media companies, fast-moving consumers goods companies, luxury goods manufacturers, government officials, regulators and private practitioners.

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