On 8 March 2021, the European Commission unconditionally cleared Microsoft’s $7.5bn acquisition of ZeniMax (publisher of video games including the Fallout and The Elder Scrolls series). The Commission considered and rejected horizontal theories of harm in games publishing and non-horizontal theories of harm arising from Microsoft’s Xbox console. CRA advised the Parties.
Dynamic capabilities and EC merger control: A difficult match?
Svend Albaek and Raphaël De Coninck explore the proposed use of “dynamic capabilities” analysis in European merger control as authorities increasingly focus on...