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Picture Perfect? GIPHY Acquisition Raises Competition Concerns
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<blockquote data-quote="Jacob Miller" data-source="post: 75495" data-attributes="member: 5063"><p>Really interesting thoughts Dheepa! </p><p></p><p><strong>Competition law as a series of principles</strong></p><p>I think the discussion surrounding tech mergers here is very interesting for a variety of reasons. When we consider that most of the UK's competition law (by my, albeit, elementary understanding), is still grounded in European law principles. This is essentially as a result of the post-Brexit transposition of substantive existing competition law into the post-Brexit landscape. With that in mind, I think it's still reasonable to pause for some (brief) consideration of the general approach of EU competition law, with reference to the appropriate Treaty of the Functioning of the European Union ('TFEU') Articles (101 through 109, largely). As with much EU law deriving from the most important Treaties (the TFEU is the only important one here, though), competition law adopts a fairly principles-based approach to contraventions. While I'm definitely not going to get into the relative advantages and disadvantages of this type of approach to law, one of the things it <strong>does</strong> facilitate is relative flexibility in application of principles to new, novel situations. I think, for the most part, this is what we're seeing with investigations such as the Sandbox investigation discussed above: application of principles to areas which never had to be investigated in the past. </p><p></p><p><strong>Commercial implications of increased CMA interventionism in Big Tech</strong></p><p>What will be interesting for me, and, I think, for competition specialists, is to see whether the UK chooses to substantively diverge from these principles in the mid-long term to deregulate (or just re-regulate) competition principles in the UK to increase London's attractiveness as an investment spot. There have, recently, been a series of efforts by the government to turn London into a hotspot for tech investment*. This seems in stark contrast to the CMA's apparently increasingly interventionist approach in Big Tech - it will be very interesting to see how this pans out in years to come. </p><p> </p><p></p><p>*One such example was not transposing Article 17 of the Copyright Directive from EU law into the post-Brexit landscape - briefly, A17 imposed new duties and liabilities on web platforms like Facebook and YouTube to make them financially liable for any copyright infringements by their users. By not introducing this in the UK, essentially giving such providers safe harbour, it is hoped to increase tech investment in London.</p></blockquote><p></p>
[QUOTE="Jacob Miller, post: 75495, member: 5063"] Really interesting thoughts Dheepa! [B]Competition law as a series of principles[/B] I think the discussion surrounding tech mergers here is very interesting for a variety of reasons. When we consider that most of the UK's competition law (by my, albeit, elementary understanding), is still grounded in European law principles. This is essentially as a result of the post-Brexit transposition of substantive existing competition law into the post-Brexit landscape. With that in mind, I think it's still reasonable to pause for some (brief) consideration of the general approach of EU competition law, with reference to the appropriate Treaty of the Functioning of the European Union ('TFEU') Articles (101 through 109, largely). As with much EU law deriving from the most important Treaties (the TFEU is the only important one here, though), competition law adopts a fairly principles-based approach to contraventions. While I'm definitely not going to get into the relative advantages and disadvantages of this type of approach to law, one of the things it [B]does[/B] facilitate is relative flexibility in application of principles to new, novel situations. I think, for the most part, this is what we're seeing with investigations such as the Sandbox investigation discussed above: application of principles to areas which never had to be investigated in the past. [B]Commercial implications of increased CMA interventionism in Big Tech[/B] What will be interesting for me, and, I think, for competition specialists, is to see whether the UK chooses to substantively diverge from these principles in the mid-long term to deregulate (or just re-regulate) competition principles in the UK to increase London's attractiveness as an investment spot. There have, recently, been a series of efforts by the government to turn London into a hotspot for tech investment*. This seems in stark contrast to the CMA's apparently increasingly interventionist approach in Big Tech - it will be very interesting to see how this pans out in years to come. *One such example was not transposing Article 17 of the Copyright Directive from EU law into the post-Brexit landscape - briefly, A17 imposed new duties and liabilities on web platforms like Facebook and YouTube to make them financially liable for any copyright infringements by their users. By not introducing this in the UK, essentially giving such providers safe harbour, it is hoped to increase tech investment in London. [/QUOTE]
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