LEGAL PRACTICES: MERGER CONTROL - DIGITAL ECONOMY - NOTIFICATION - REFORM

Reforming merger control notification thresholds

In the world, competition authorities are currently adapting to the specifies and issues of the digital economy by reforming their competition laws. The reform of the merger control is a first step in order to avoid to concentrate this economy already dominated by just a few firms. This paper proposes some solutions to reform the merger control notification thresholds.

Introduction 1. Merger control plays an important role in the economy due to the potential adverse effect on the competition process and the consumer welfare in terms of price, choice, quality and innovation. 2. In the digital economy, mergers are currently shaping this growing economy with numerous deals [1] especially by big tech such as Google [2] or Facebook. [3] The stake is high and particularly challenging for competition authorities. Indeed, the acquisition often concerns an innovative company at a very early stage with a valuable database and the potential to be a disruptive competitor. 3. However, only a few of them are currently reviewed by regulators due to criteria (turnover, assets) that fall below the merger control notification thresholds. To tackle this issue,

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Christophe Carugati, Reforming merger control notification thresholds, May 2019, Concurrences Review N° 2-2019, Art. N° 89868, www.concurrences.com

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