Regulating the Digital Age: Antitrust Enforcement in the EU and US

The antitrust landscape in both the EU and U.S. is rapidly evolving as legacy legal frameworks, including Article 102, are being adapted to address digital platform dominance and new forms of monopolistic behavior. With the arrival of Teresa Ribera to the European Commission and a new U.S. administration, enforcement priorities are shifting toward digital markets, with a particular emphasis on speedy investigations, compliance and innovative theories of harm that go beyond traditional price and output concerns. Host Bill Batchelor unpacks the latest developments with Skadden colleagues Michael Frese and Justine Haimi. The discussion highlights recent high-profile cases involving Google, Apple and Amazon, examining the use of commitment decisions and the growing influence of the Digital Markets Act. 

💡 Meet Your Host 💡

Name: Bill Batchelor

Title: Partner, Antitrust/Competition

Specialty: Bill focuses his practice on conduct investigations, including abuse of dominance, cartels and vertical agreements.

Connect: LinkedIn

💡 Featured Guests 💡

Name: Michael Frese

What he does: Michael has more than 10 years of experience advising companies on all aspects of EU competition law and various areas of EU and national market regulation, including the Digital Markets Act and Digital Services Act.

Organization: Skadden

Words of wisdom: “In August 2024, the commission issued draft guidelines and exclusionary abuses. These guidelines were meant to help undertakings self-assess their practices, but also to provide guidance to courts. One is hard pressed to find clear guidance in these draft guidelines other than the notion that the commission should have wide discretion.”

Connect: LinkedIn

Name: Justine Haimi  

What she does: Justine represents clients in connection with the antitrust aspects of litigation, mergers and acquisitions and advisory matters. She has worked with clients across a diverse range of industries, including health care, medical devices, insurance, consumer goods, telecommunications, energy and pharmaceuticals.

Organization: Skadden

Words of wisdom: “President Trump has appointed Andrew Ferguson as chairman of the FTC and Gail Slater as the assistant attorney general responsible for antitrust at the DOJ. Both agency heads have stated that they plan to continue investigating big tech and more vigorously crack down on monopolies, but we may also expect to see some shifts in enforcement from the prior...