American and European Competition Authorities Facing the Digital Age

"While the US and the EU may not always reach identical results (in competition issues), we are able to engage deeply with one another thanks to our common foundation. These commonalities will serve us well as we work together to protect and promote competition in the markets transformed by digital technology", said last Friday at Bocconi Makan Delrahim, Assistant Attorney General for the Antitrust Division at the US Department of Justice. (Click here for his speech).

Mr. Delrahim, invited by Bocconi President and former European Commissioner for Competition Mario Monti, addressed a selected audience on competition in digital markets. (Pictured above, from left, Delrahim and Monti)

Assistant Attorney General Delrahim described the commonalities between American and European competition enforcement as the application of economic concepts to distinguish between harmful and not harmful conducts and the commitment to sound procedures.

In the second part of his address, Mr. Delrahim highlighted the risk that antitrust practices are misused in an effort to protect domestic champions against foreign competition and defended the American approach. "Where there is no demonstrable harm to competition", he said, "we are reluctant to impose special duties on digital platforms. Such duties might stifle the incentives to create the very innovation that has delivered dynamic competition for the benefit of consumers".

During the meeting, Mario Monti has underlined the pivotal importance of continued transatlantic dialogue on anti-trust issues: "Threats to competition posed by digital platforms go beyond national borders and hence require stronger collaboration for anti-trust enforcement among authorities at the international level. As Mr. Delrahim explained, the US and the EU anti-trust authorities share a common foundation, which I believe will be mutually beneficial in addressing the challenges facing the digital age".