Knowledge Shapes Decisions: the EU Evolving Experience with Tech Giants' Mergers

19 Pages Posted: 17 Dec 2024

See all articles by Mariateresa Maggiolino

Mariateresa Maggiolino

Bocconi University - Department of Legal Studies; Ask Research Center

Laura Zoboli

University of Brescia

Date Written: September 01, 2024

Abstract

This paper examines the European Commission's evolving approach to mergers in digital markets, highlighted by its recent decision to block Booking's acquisition of eTraveli. By focusing on the competitive dynamics within digital ecosystems, the European Commission introduced a new framework for assessing mergers, emphasizing the long-term risks of market dominance over potential efficiency gains. The paper situates this decision within a broader context of EU merger cases involving tech giants, illustrating how the European Commission has gradually deepened its understanding of digital market structures and consumer behavior. It argues that the Booking/eTraveli case is not a sudden departure but a continuation of a strategic shift in how the Commission addresses competition issues in the digital economy. Through a critical analysis, the paper challenges the perception that this decision marks a new era of regulatory overreach, showing instead that it reflects a nuanced and long-standing effort to safeguard competition in increasingly complex digital ecosystems.

Keywords: antitrust, competition law, mergers, ecosystems, digital, Booking, eTraveli, theories of harm

JEL Classification: L4, L5

Suggested Citation

Maggiolino, Mariateresa and Zoboli, Laura, Knowledge Shapes Decisions: the EU Evolving Experience with Tech Giants' Mergers (September 01, 2024). Available at SSRN: https://ssrn.com/abstract=5041211 or http://dx.doi.org/10.2139/ssrn.5041211

Mariateresa Maggiolino

Bocconi University - Department of Legal Studies ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

Ask Research Center ( email )

via Roentgen 1
Milan, 20136
Italy

Laura Zoboli (Contact Author)

University of Brescia ( email )

Piazza del Mercato, 15
25122 Brescia
Italy

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