International competition regulators must play by the rules they've agreed to.
www.uschamber.com
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On appeal, the Competition Appeal Tribunal found that the CMA had violated Meta’s procedural rights. The CMA improperly redacted material and failed to disclose that Meta’s competitor, Snap, had turned down a chance to buy GIPHY and considered its ad business worthless. In other words, Facebook’s competitor saw no competitive problems with Facebook’s acquisition, a pertinent fact that the CMA should have disclosed. Nevertheless, Meta ultimately abandoned the deal after the CMA issued a final decision against the company.
Of course, the process failures beg the question of whether foreign regulators should review purely American mergers at all. Facebook’s transaction involved American companies, employees, and shareholders, with an established American legal framework to address any competitive concerns. GIPHY earned no revenue in the U.K and had no physical presence or employees there. This is a growing problem as the European Commission has intervened in Illumina’s proposed purchase of Grail, a biotech company, even though Grail had no activities in Europe. In this case, it appears that the Europe collaborated with the U.S. Federal Trade Commission in ways that denied the companies their day in court.
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