Antitrust analysis in the ‘pure-play’ technology space has gained a lot of airtime in recent years, as regulators grapple with issues like the effect of ‘platforms’ on competition, the use of data as a competitive parameter and so-called network effects. But the disruptive effects of technology are equally evident in more ‘traditional’ markets. There are a number of industries where disruptive, technology-driven businesses have shaken up competition, including taxi services, takeaway services, TV and film content and groceries markets. While disruptive entry from digital innovators is a relatively recent phenomenon, it is possible to draw some tentative conclusions as to how companies might use innovative entry to support the case for merger clearance.
Jordan Ellison (partner), Alexander Chadd (associate)