Same same but different - how the UK and Austria came to conflicting conclusions on Meta/Giphy

Same same but different – how the UK and Austria came to conflicting conclusions on Meta/Giphy

In a recent decision, the United Kingdom’s Competition Appeal Tribunal largely dismissed Meta’s appeal against a decision by the Competition and Markets Authority requiring Meta to sell Giphy in its entirety. Just one week later, a clearance of the same acquisition was confirmed subject to remedies by the Austrian Supreme Court after an investigation by the Austrian Federal Competition Authority. As such, the acquisition is exemplary of diverging views and enforcement in merger control.

In this article, we

  • describe the different approaches between UK and Austria;

  • discuss the different outcomes despite similar theories of harm

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