ARTICLE
31 July 2019

Antitrust As A Tool To Regulate The Fang Companies: Differing Approaches In The United States And In Europe

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A&O Shearman

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A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
In both the United States and in Europe, antitrust enforcement in the digital economy has been a popular topic that has received significant media coverage, though approaches to actual regulation
United States Antitrust/Competition Law
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In both the United States and in Europe, antitrust enforcement in the digital economy has been a popular topic that has received significant media coverage, though approaches to actual regulation have differed significantly.

While in Europe antitrust has increasingly been used as a tool to regulate the so-called ‘FANG’ companies (Facebook, Amazon, Netflix and Google), to date the U.S. antitrust authorities have taken a far less aggressive approach towards enforcement of the FANGs. Whether antitrust authorities have sufficient tools to take action against the FANGs, and indeed whether such enforcement is the most appropriate approach to regulation, is up for debate in both the United States and in Europe.

Read this chapter in Shearman & Sterling’s 2019  Antitrust Annual Report, “Antitrust as a Tool to Regulate the FANG Companies.”

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