Anti-Trust Developments in Europe & the United States

Event Information

European American Chamber of Commerce

Fenwick Office, New York, NY

Thurs., May 4, 2023, 8:30 am - 10:30 am EDT

The EU’s Digital Markets Act [DMA] will apply to EU and US companies starting on 2 May 2023. The regulation is intended to ensure that “gatekeepers”, i.e. online platforms such as search engines, social networks and marketplaces, that provide other companies with services that are important for accessing digital markets, cannot – for example – block access to their users.

In comparison to the rather abstract instruments antitrust law has provided so far, the DMA relies on specific conduct obligations and requirements derived from the current practices in competition law in the digital sector. However, the DMA does not foresee that companies can justify their behaviour or cite efficiencies achieved with their conduct as a rationale for failing to comply with the rules.

Our panel will address: Taming big tech on both sides of the Atlantic

  • Antitrust aspects of the Digital Markets Act (“DMA”)
  • Projected designated “gatekeepers”
  • Why the DMA is intended to prohibit conduct that would be difficult to prohibit at all or quickly enough under the prohibition of abusive practices under competition law
  • Divergence between U.S. and Europe on legislating increased scrutiny of big tech

Panelists will cover: New (dis-)order in Merger Control

  • Why application of the Notice on Case Referral gained new impetus in 2022
  • What is the risk of referral to the European Commission?
  • What's new in US Merger Control?
  • Changes in US merger control enforcement under the Biden administration

We will look at: FDI – screening and interventions still on the rise across the globe

  • Investment control procedures for the screening of foreign direct investments continue to gain importance
  • Hurdles for Transatlantic Investments
  • UK National Security Act


  • Fabian Badtke, Partner, NOERR [Moderator]
  • Pablo Figueroa, Partner, PEREZ LLORCA
  • Will Spens, Associate, STEPHENSON HARWOOD
  • Elizabeth Suarez, Senior Associate, FENWICK


  • 8:30 am – 9:00 am Check-in
  • 9:00 am – 10:30 am Program
  • 10:30 am – 11:00 am Networking


  • Free

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