EU-US hold fourth 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 of the US Department of Justice Antitrust Division (‘DOJ’) Jonathan Kanter met in Washington for the fourth meeting of the EU-US Joint Technology Competition Policy Dialogue (‘TCPD’). The purpose of the dialogue is to further strengthen the cooperation to ensure and promote fair competition in the digital economy.

“The growth of data monopolies and the rapid expansion of artificial intelligence expand the competitive threats we face from dominant digital gatekeepers,” said Jonathan Kanter, Assistant Attorney General, U.S. Department of Justice Antitrust Division. “Exchanging best practices with our global counterparts helps us to more effectively serve the American people, and we deeply appreciate the European Commission’s continued engagement through the TCPD.”

“As businesses move at breakneck speed to build and monetize artificial intelligence and algorithmic decision-making tools, engaging with our international partners and sharing best practices will be especially critical,” said FTC Chair Lina M. Khan. “The Joint Technology Dialogue provides U.S. agencies and the European Commission a key opportunity to discuss emerging threats in a rapidly evolving digital economy.” 

Today’s dialogue focused on: (i) rapidly evolving technologies in the digital sector, such as artificial intelligence and cloud, (ii) ensuring that merger enforcement accounts for the realities of the modern digital economy, and (iii) how to best consider evolving market dynamics in the digital sector, in particular regarding technology platforms.

The three authorities have agreed on the importance of continuing their close collaboration in the framework of the TCPD to ensure fair competition in the technology sector. The TCPD will continue with high-level meetings, as well as regular discussions at a more 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 and a third on 30 March 2023.

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)

With today’s meeting, we have further strengthened our cooperation in competition policy and enforcement in the technology area. The fast-moving technology sector raises global challenges such as regarding artificial intelligence and cloud computing more broadly. It is essential to anticipate and address such challenges through close cooperation, leveraging our respective experiences for the benefit of consumers and businesses on both sides of the Atlantic.”

Margrethe Vestager, Executive Vice-President in charge of competition policy