The Draft EU Merger Guidelines: Scale, Innovation and Gatekeepers | Diana Moss

What do the draft EU Merger Guidelines signal about how Europe weighs the benefits of a deal, not only its harms? In this edition of At Issue, Diana Moss of the Progressive Policy Institute discusses how the proposed framework could reshape EU merger control. She examines the growing role of efficiencies in merger assessment, the treatment of acquisitions involving start-ups and emerging competitors, and the policy debate over whether greater scale can strengthen European firms' ability to innovate and compete. Moss also considers the relationship between merger control and the Digital Markets Act, arguing against treating DMA gatekeeper status as a presumption in merger review. She discusses the risks of safe harbors and compares the direction of EU merger policy with the more interventionist approach reflected in the 2023 US Merger Guidelines. In this conversation, Moss shares her perspectives on: 00:00 - Highlights 01:12 - Introduction: Who is Diana Moss 01:47 - Innovation: How should the revised Merger Guidelines account for innovation in digital markets? 07:05 - Gatekeepers: Should a firm's gatekeeper status affect merger assessment? 10:41 - Benefits vs. harm: How should the Commission weigh innovation benefits against potential harm in digital mergers? 13:56 Priorities: What should a modernized EU merger control framework prioritize? At Issue is SCOPE's expert interview series examining contested questions in competition policy, technology, and economic regulation through the perspectives of leading practitioners, economists, academics, and policymakers. Explore our experts’ perspectives on the draft EU Merger Guidelines: https://scopeglobalexchange.com/persp...