Anti-Trust Developments in Europe & the U.S., Competition rules in the Digital Markets Act and other regulatory Updates on Merger Regulation

The EU’s Digital Markets Act [DMA] will apply to EU and US companies starting on 2 May 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 behaviour or cite efficiencies achieved with their conduct as a rationale for failing to comply with the rules.

Our panel will address: Taming big tech in Europe: The new Digital Markets Act
• Antitrust aspects of the Digital Markets Act (“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?

Article 22 Merger Regulation empowers national competition authorities to refer defined concentrations to the European Commission for merger control review even if they exceed neither the European nor a national applicability threshold for merger control. In M&A practice, this means that it is now (more than ever) pivotal to determine at an early stage whether there is a risk of referral to the European Commission. This risk is particularly likely in sensitive business sectors or where non-European undertakings are involved.

Panelists will cover: New (dis-)order in European Merger Control
• Why application of the Notice on Case Referral gained new impetus in 2022
• What is the risk of referral to the European Commission?

Investment control procedures for the screening of foreign direct investments (“FDI”) continue to gain importance in Germany and Europe.

We will look at: FDI – screening and interventions still on the rise
• Investment control procedures for the screening of foreign direct investments continue to gain importance
• Hurdles for Transatlantic Investments
• State aid developments
• UK National Security Act

SPEAKERS:
• Pablo Figueroa, Partner, PEREZ LLORCA (most interested in FDI and merger control)
• Marta Isabel Garcia, Partner, STEPHENSON HARWOOD
• Vincent Power, Partner, A&L GOODBODY
Other speaker(s) will be announced soon.

TIME:
5:30 – 6:00 PM Check-in | 6:00 – 7:30 PM Program | 7:30 – 8:00 PM Networking

REGISTRATION FEE:
EACCNY Members: Free
EACCNY non-Members: Free

COVID PROTOCOL:
Proof of Covid-19 vaccination is required to attend.