FTC, Justice Department, and European Commission Hold Third U.S.- EU Joint Technology Competition Policy Dialogue

Federal Trade Commission Chair Lina M. Khan, the Justice Department’s Antitrust Division Assistant Attorney General Jonathan Kanter, and Executive Vice President Margrethe Vestager of the European Commission met today in Washington, D.C., for the third meeting of the U.S.-EU Joint Technology Competition Policy Dialogue (TCPD). The principals and senior staff met to continue work on cooperation in ensuring and promoting fair competition in the digital economy.

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“The Joint Dialogue continues to provide an invaluable forum for the U.S. agencies to engage with the European Commission on challenges in digital markets,” said FTC Chair Khan. “At this moment of unique risk and opportunity, it is especially critical that we deepen our cooperation with key enforcement partners.”

“Agencies around the world are adjusting their competition enforcement and regulatory regimes to account for new market realities and in particular the challenges of the digital economy,” said Assistant Attorney General Kanter. “Sharing best practices with the European Commission through the TCPD has been extraordinarily valuable to the U.S. agencies.”

“Today’s meeting has proven once again how fruitful it is to keep engaging in a close cooperation between the European Commission and the US competition authorities,” said European Commission Executive Vice President Vestager. “Exchanging our experiences and ideas on how best to anticipate and address the fast-moving trends in tech markets is vital for achieving the shared goal of a fair, inclusive and pro-competitive digital transformation, to the benefit of consumers and businesses in both the EU and U.S.”

The discussions centered on critical themes the agencies are facing, including the reasons mergers between digital players may lead to competition concerns. The agencies also shared policy reflections in the area of abuse of dominance and monopolization in the digital sector and presented recent policy initiatives in this field. They also exchanged views on the evolving business strategies of big tech companies as well as on their implications for enforcement.

The agencies also announced planned liaisons of agency experts from the FTC and the Antitrust Division in Brussels, with each agency sending an official to assist with implementation of the Digital Markets Act (DMA).

On Dec. 7, 2021, the FTC, the Justice Department, and the European Commission launched the TCPD to further boost transatlantic cooperation on competition policy and enforcement in the digital sector in light of the common challenges facing the three authorities. Upon its launch, the Commission and U.S. competition agencies issued a statement regarding the TCPD and reaffirming their longstanding tradition of close cooperation on competition matters.

On June 15, 2021, President Biden and the European Commission President Ursula von der Leyen launched the U.S.-EU Trade and Technology Council (TTC). The TTC serves as a forum for the United States and European Union to coordinate approaches to key global trade, economic and technology issues and to deepen transatlantic trade and economic relations based on shared democratic values.

The FTC, the Justice Department, and the European Commission have a longstanding tradition of close cooperation in antitrust enforcement and policy, beginning even before the formal 1991 cooperation agreement between the European Commission and the United States regarding the application of their competition laws.