Dynamic Competition and Big Tech Mergers
This edition of Hexagon summarises a report by SPC Network commission by the British Institute of International and Comparative Law exploring how Dynamic Competition was assessed in the the Microsoft/Activision and Meta/Giphy CMA enquiries.
Recent merger cases amongst “Big Tech” firms have highlighted the need for competition authorities to consider dynamic competition when determining whether the merger should be allowed. SPC Network was recently asked by the British Institute for International and Comparative Law (BIICL) to examine how the Competition and Markets Authority in the UK took account of dynamic competition in its assessment of the Microsoft/Activision and Meta/Giphy cases and propose how a formal analytical framework could better assess dynamic competition. This edition of Hexagon provides a summary of that report.