Past Event

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

Thu. May 04, 2023 08:30 am - 10:30 am !Fenwick Offices New York, NY 10010

Join us for a hands on discussion about the latest developments in anti-trust 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 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 on both sides of the Atlantic
• 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?
• Divergence between US and Europe on legislating increased scrutiny of big tech

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 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?
• Changes in US merger control enforcement under the Biden administration

Investment control procedures for the screening of foreign direct investments (“FDI”) continue to gain importance in most part of the world.

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

SPEAKERS:
• Fabian Badtke, Partner, NOERR [Moderator]
• Pablo Figueroa, Partner, PEREZ LLORCA
• Will Spens, Associate, STEPHENSON HARWOOD
• Elizabeth Suarez, Senior Associate, FENWICK

TIME:
8:30 – 9:00 AM Check-in | 9:00 – 10:30 AM Program | 10:30 – 11:00 AM Networking

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

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