Innovation within the technology industry was essentially the genesis for data as we know it today. Ironically, data within technology corporations is now positioned to become the centre of some of the most intense competition scrutiny and enforcement on record.
As regulators around the world—many concerned about the competitive impact and value of data—ramp up their efforts against anti-competitive practices in the technology industry, companies in the space are fielding unprecedented requests for internal documents and data-driven remedies. The challenge of responding to these often sweeping requests is compounded by the fact that technology companies possess an extremely large volume of data comprised of hundreds of different sources, types and formats.
In this webinar, Craig Earnshaw (Senior Managing Director, FTI Consulting and Who's Who Legal's Investigations Digital Forensic Expert of the Year 2021), Sharon Malhi (Partner — Antitrust, Competition and Trade, Freshfields) and Marc Zedler (Deputy Head of Unit, European Commission) discuss:
- Recent cases in which technology companies have faced significant internal document requests from competition authorities in the U.S., U.K. and Europe.
- How data volumes, types, uses and value differ in the technology industry versus other highly-regulated verticals.
- Regulator concerns regarding the competitive impact of data when combined as a result of M&A.
- The emergence of data-driven remedies such as data divestment and ringfencing, and the challenges of executing them, within merger clearance reviews.
While a decade ago, competition authorities were primarily interested in market data and economic assessments for merger control and antitrust review, in the last three to five years that focus has extended to internal documents, and what people in the businesses are saying to each other about a transaction. Even more recently, alongside the rise of data privacy concerns, authorities have begun to show increasing interest in company-controlled user and customer data and the ways that it will be used post-merger, especially in situations involving technology companies and platforms.