On December 7, 2021, the Commission, the United States Federal Trade Commission (“FTC”) and the United States Department of Justice Antitrust Division (“DOJ”) published a Joint Statement establishing the EU-U.S. Joint Technology Competition Policy Dialogue (the “Policy Dialogue”).[1] The Policy Dialogue has been established in parallel with the EU-U.S. Trade and Technology Council (“TTC”), which is a forum for the EU and United States to coordinate approaches to global trade, economic and technological issues, and to strengthen EU-U.S. economic and trade relations.[2]
The Joint Statement highlights the EU’s and United States’ shared democratic values and beliefs in the importance of promoting fair competition and ensuring effective competition enforcement. It underscores the long history of coordination between the Commission, FTC and DOJ on antitrust policy and enforcement, and emphasizes the common challenges faced by the three regulators in light of new technological developments and the emergence of the digital economy.
Common problems faced by the three regulators with respect to competition enforcement in the technology sector include, for instance, the role of big data in digital investigations, and the assessment of characteristics like network effects and interoperability in new technological and digital markets.
The Policy Dialogue will focus on strengthening trans-Atlantic cooperation and developing common approaches to competition policy and enforcement in the technology sector, as well as the development of new mechanisms for coordination and the exchange of knowledge and information. The Joint Dialogue will include high-level meetings and regular staff discussions, and will operate in parallel with other forms of cooperation, such as the TTC.
The establishment of the Policy Dialogue highlights the increasing focus of competition authorities on both sides of the Atlantic on the regulation of big technology companies, and a recognition of the need for competition enforcement and merger control to adapt to the realities of the digital era.
Editors: Conor Opdebeeck-Wilson and Thorsten Schiffer
[1] EU-U.S. Joint Technology Competition Policy Dialogue Inaugural Joint Statement between the European Commission, the United States Department of Justice Antitrust Division and the United States Federal Trade Commission, December 7, 2021 (“Policy Dialogue”).
[2] Commission Press Release IP/21/6671, “Competition: EU-US launch Joint Technology Competition Policy Dialogue to foster cooperation in competition policy and enforcement in technology sector,” December 7, 2021.