Feasibility of the potential competition doctrine to Big Tech acquisitions

Abstract

Healthy, vigorous competition in a free market guarantees better service for customers. Startups, small and medium-sized technology companies with innovative ideas Big Tech is acquiring at an astonishing rate. To be acquired by a tech giant has become an ultimate goal for many nascent firms. Big Tech absorbs every threat, actual or potential competitors, and the competition law is currently toothless. During the last two decades, the demand for digital products and services has significantly increased. Since the coronavirus pandemic outbreak, the digital world has become a necessity for humanity. Lately, the European Union and the United States' lawmakers and academics have actively discussed Big Tech and the possibility of regulating it. The first steps are to be taken. Therefore, the issue is extremely relevant. It is on the agenda to rethink and modernize the competition law for digital platforms to prevent future anticompetitive conduct. The purpose of this thesis is to scrutinize the potential competition doctrines feasibility for Big Tech acquisitions. Based on the analysis, the perceived potential competition doctrine is feasible for challenging such acquisitions. Following the review of Facebook`s most notable acquisitions, it became clear that Big Tech perceives the firm as a potential competitor and acquires it to avoid future competition. Through these acquisitions, Big Tech not only prevents competitive pressure but also enters into new markets. The competition authorities should observe how the company perceives the potential rival to challenge Big Tech acquisitions, and as a plaintiff, they should carry less burden of proof. The shift from ex-post to ex-ante is required because of the specific characteristics of the digital economy. The competitive relevance of data must be taken into account. Therefore, a case-by-case approach is required.