Competition: EU-US hold third Joint Technology Competition Policy Dialogue

This article is brought to you in association with the European Commission.

Today, European Commission Executive Vice-President Margrethe Vestager, US Federal Trade Commission (‘FTC’) Chair Lina Khan and the Assistant Attorney General for Antitrust of the US Department of Justice (‘DOJ’) Jonathan Kanter met in Washington for the third meeting of the EU-US Joint Technology Competition Policy Dialogue (‘TCPD’). The Dialogue was launched on 7 December 2021 to further consolidate cooperation efforts to ensure and promote fair competition in the digital sector.

Among others, the discussion focused on the reasons why certain mergers between digital players may lead to competition concerns. 

The three authorities also shared policy reflections in the area of abuse of dominance in the digital sector and presented recent policy initiatives in this field. They exchanged views on the evolving business strategies of big tech companies as well as on their implications for enforcement.

The three authorities have also agreed on the importance of continuing to closely collaborate in the framework of the TCPD, as well-functioning and competitive markets benefit consumers, businesses, and workers on both sides of the Atlantic. In this context, the FTC and the DOJ will each send an expert official to Brussels to assist with implementation of the Digital Markets Act (‘DMA’).

The TCPD will continue with high-level meetings, as well as regular discussions at technical level.

Background

On 15 June 2021, Commission President Ursula von der Leyen and President Joe Biden of the United States launched the EU-US Trade and Technology Council (TTC). The TTC serves as a forum for the US and EU to coordinate approaches to key global trade, economic, and technology issues and to deepen transatlantic trade and economic relations based on shared democratic values.

On 7 December 2021, the Commission, the US Federal Trade Commission and the Antitrust Division of the US Department of Justice have launched the TCPD, which focuses on developing common approaches and strengthening the cooperation on competition policy and enforcement in the technology sector. A second meeting of the TCPD took place on 13 October 2022.

The Commission, the US Federal Trade Commission, and the Antitrust Division of the US Department of Justice have a longstanding tradition of close cooperation in antitrust enforcement and policy. This cooperation began even before the formal 1991 Agreement between the Commission of the European Communities and the Government of the United States of America Regarding the Application of their Competition Laws, subsequently complemented by the 1998 agreement on the application of positive comity principles in the enforcement of their competition laws. In 2011, the three agencies reaffirmed their strong commitment to this mutually beneficial cooperative relationship by adopting joint Best Practices on Merger Cooperation.

Quote(s)

Today’s meeting has proven once again how fruitful it is to keep engaging in a close cooperation between the European Commission and the US competition authorities. Exchanging our experiences and ideas on how best to anticipate and address the fast-moving trends in tech markets is vital for achieving the shared goal of a fair, inclusive and pro-competitive digital transformation, to the benefit of consumers and businesses in both the EU and US.Margrethe Vestager, Executive Vice-President in charge of competition policy – 30/03/2023

The Joint Dialogue continues to provide an invaluable forum for the U.S. agencies to engage with the European Commission on challenges in digital markets. At this moment of unique risk and opportunity, it is especially critical that we deepen our cooperation with key enforcement partners.Lina Khan, FTC Chair – 30/03/2023

Agencies around the world are adjusting their competition enforcement and regulatory regimes to account for new market realities and in particular the challenges of the digital environment. Sharing experience with the European Commission through the TCPD has been extraordinarily valuable to the U.S. agencies as we face these new challenges.Jonathan Kanter, DOJ Assistant Attorney General – 30/03/2023