The Draft EU Merger Guidelines and the Cost of Blocking | Geoffrey Manne

What should the draft EU Merger Guidelines demand before blocking a digital merger: more discretion, or more evidence? In this edition of At Issue, Geoffrey Manne of the International Center for Law & Economics discusses how the draft should handle fast-moving digital markets. Manne accepts that digital markets move fast. But he argues the draft draws the wrong lesson. Uncertainty, in his view, is a reason for more evidence and case-by-case analysis, not for broader discretion. He also warns of a hidden cost. When a good merger is wrongly blocked, the harm to consumers is real but invisible. Yet it rarely counts in the decision. Manne also worries about labels. Terms like ecosystem or entrenchment, and gatekeeper status itself, can flag possible harm without proving it. His answer is predictability: clear safe harbors, not a growing list of non-competition criteria In this conversation, Manne shares his perspectives on: 00:00 - Highlights 00:53 - Introduction: Who is Geoffrey Manne 01:18 - Innovation: How should the revised Merger Guidelines account for innovation in digital markets? 05:30 - Gatekeepers: Should a firm's gatekeeper status affect merger assessment? 07:46 - Benefits vs. harm: How should the Commission weigh innovation benefits against potential harm in digital mergers? 10:48 - 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...