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Dec. 16, 2021 – Digital M&A: A Flat World or a Region-Specific Issue?

This Panel discusses recent developments in and critiques of merger control rules, in particular in relation to the tech sector. Specifically, the panel addresses the ACCC’s proposed merger reforms (particularly relating to digital mergers), the inherent process difficulties related to global mergers, and the importance of coordination between regulators on merger reviews.

The panel seeks to learn from past experience to chart a way forward in terms of merger control in the Asia-Pacific region specifically (but also drawing broader lessons for global enforcement), namely: What are the sources of concern in terms of digital transactions? Are digital platforms serial acquirers in a way that increases or entrenches market power?

Further, are there examples of acquisitions which should not have been allowed to proceed? Are digital sector-specific merger rules necessary or justified (particularly those proposed by the ACCC)? How do these proposals compare to those from other jurisdictions (e.g. the EU and the UK)?