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Competition Policy in the Age of Tech Giants

Competition Policy in the Age of Tech Giants

12/06/2025
Matheus Moraes
Competition Policy in the Age of Tech Giants

As digital markets evolve, regulators worldwide grapple with the immense power of technology leaders. From search and social media to cloud computing and e-commerce, the dominance of a handful of players raises profound questions about fairness, innovation, and consumer welfare.

Understanding Competition Policy

Competition policy defines the rules and tools that preserve open markets. It aims to prevent firms from abusing dominant positions and ensure that consumers and enterprises can choose between multiple providers.

In the digital era, platforms often act as gatekeeper platforms in digital economies. They control critical infrastructure—app stores, advertising networks, data analytics frameworks—that new entrants must access to succeed.

Regulatory Frameworks and Developments

In the United States, the Department of Justice and Federal Trade Commission have launched historic antitrust suits against Google, Meta, and Amazon. These cases explore search manipulation, adtech cartels, and alleged exclusionary conduct in e-commerce.

Across the Atlantic, the European Union’s digital markets act (DMA) came into force in March 2025. It imposes ex-ante obligations on six designated gatekeepers—Apple, Alphabet, Meta, Amazon, Microsoft, ByteDance—and authorizes fines up to 10% of global revenue for non-compliance.

Structural Remedies Versus Behavioral Remedies

Enforcers debate whether imposing practice limits is sufficient or if stronger measures—such as breakups and asset divestitures—are needed. Behavioral conditions can be monitored, but evidence shows they sometimes fail to curb entrenched market power.

Many experts now argue for structural remedies versus behavioral remedies. Divesting units or requiring interoperability may reset market dynamics more effectively than complex enforcement orders.

Dynamic Versus Static Competition Models

Traditional antitrust focuses on price effects and static market shares. Yet digital platforms often offer free services, monetized by data and advertising, challenging price-centric analysis.

Schumpeterian economics stresses dynamic competition theory and innovation focus, viewing continuous innovation as central to competition. This perspective drives scrutiny of “killer acquisitions” and data locking strategies that can stifle future challengers.

High-Profile Cases and Enforcement Actions

Recent cases illustrate the stakes of digital antitrust:

  • Salesforce/Informatica ($8 billion): Scrutinized for potential CRM data consolidation and foreclosure of rivals.
  • Google’s 49% stake in Scale AI ($14 billion): Investigated as a covert acquihire to gain AI research insights.
  • Apple DMA fine (€500 million): For breaching anti-steering provisions in its App Store.
  • Meta DMA fine (€200 million): For delayed compliance with interoperability requirements.
  • First EC labor market cartel: Penalizing collusion among tech firms on hiring and wages.

International Trends and Harmonization

Jurisdictions outside the US and EU are following suit. The UK’s Digital Markets Unit and Japan’s forthcoming regime mirror DMA principles by targeting killer acquisitions and market foreclosure risks.

  • Australia and India expanding merger review thresholds for digital deals.
  • Korea enforcing interoperability mandates for messaging platforms.
  • Brazil and Canada exploring ex-ante rules on gatekeeper conduct.

Human Rights and Social Implications

Beyond competition, stakeholders highlight privacy, data rights, and freedom of expression. Civil society groups call for stronger measures to protect user rights privacy and fair access in the digital economy.

Policy Proposals and Future Directions

Policymakers are advancing proposals to reshape digital markets:

  • Mandatory data portability and interoperability requirements to lower switching costs.
  • Heightened scrutiny of acquisitions above de minimis thresholds to catch strategic “acquihires.”
  • Exploration of breakups or functional separation for ecosystem players.
  • Enhanced global cooperation among competition authorities to harmonize enforcement standards.

Conclusion

Competition policy in the era of tech giants stands at a crossroads. Regulators must balance innovation incentives with the imperative to prevent abusive conduct that hinders rivals and harms consumers.

By embracing both traditional antitrust tools and forward-looking frameworks centered on dynamic competition, authorities can foster markets that reward creativity, protect user choice, and sustain a vibrant digital ecosystem for years to come.

Matheus Moraes

About the Author: Matheus Moraes

Matheus Moraes