Microsoft, Google,

and a New Era of

Antitrust
A look into the Antitrust scenario in the US and
what companies can do to navigate the complexity
WHAT ARE ANTITRUST LAWS?
● Regulations that encourage competition by limiting the market power of
any particular firm
● Involves ensuring that mergers and acquisitions don’t overly concentrate
market power or form monopolies, as well as breaking up firms that have
become monopolies
● Also prevent multiple firms from colluding or forming a cartel to limit
competition through practices such as price fixing
WHAT ARE ANTITRUST LAWS?
● Enforcement upheld by Competition Commissions often in collaboration
with the Justice departments
● FTC - Federal Trade Commission
● CMA - Competition and Markets Authority
● CCI - Competition Commission of India

● Rising scrutiny of tech giants

TRYST WITH ANTITRUST: GOOGLE, MICROSOFT AND OTHERS
● Microsoft’s acquisition of Activision - questions over fair competition in
the gaming industry

● Google’s Search dominance, and their practices on the Android platform

deemed unfair

● Meta’s acquisition of VR maker Within - is Meta building a monopoly in the

AR/VR industry?
ANTITRUST CASES: HOW LOSSES ARE NOT REALLY LOSSES
● Antitrust cases more than often fail in court - weak legislation around acts
that harm healthy competition
● These losses however, does not mean their efforts are going futile

● Big cases against big companies send a message designed to discourage

future dealmaking
● Regulators see value in everyone understanding that all transactions will
be more closely scrutinized
ANTITRUST CASES: HOW LOSSES ARE NOT REALLY LOSSES
● Companies will find themselves encouraged to make voluntary
concessions during negotiations
● An aggressive, if unsuccessful, litigation strategy can provide a potent
disruption to companies deemed too powerful
● Puts pressure on Congress to pass comprehensive legislation and giving
the FTC and the Department of Justice more authority and resources to
manage competition
WHEN EUROPEANS DO IT BETTER
● U.S. lags in the regulation

● European Union leads largely at the cost of U.S.

● Digital Markets Act and the Digital Services Act

● Merger reviews - Divested Meta

● Activision and EU
WORKING WITH THE STATES
● Biden and Congressional inaction

● State and federal association

● Facebook’s acquisition of Instagram and WhatsApp

● Biden Administration envisions more competitors and less

concentration
WHAT COMPANIES CAN DO
● Having boots on the ground everywhere you will face a review

● Developing ongoing relationships with officials

● Framing deal as the solution to the problem antitrust officials fear

● Know which friends and enemies count in antitrust

● Be prepared to compromise
Shajas Hasaraf Ali 215122058

Vignesh P C 215122085

Thank you tata bye bye