Regulatory Barriers in Digital Mergers and Acquisitions: Antitrust Regulation of Technology Sector

Objective: to determine the nature and degree of influence of the antimonopoly legislation of the European Union and the USA on mergers and acquisitions in the technology sector. Methods: the work uses a comparative and interdisciplinary approach combining legal analysis and economic modeling. The author performed a comparative analysis of the legislation of the European Union and the US, summarized antimonopoly regulation practices, and considered doctrinal sources and modern empirical data. The methods used include content analysis of regulations, case studies of the largest digital companies, and elements of forecasting the impact of regulatory changes on innovation activity and market dynamics. Results: various approaches to regulation of mergers and acquisitions in the digital economy were considered. The peculiarities of law enforcement in the European Union and the USA were analyzed. It was proved that strict antitrust measures can both restrain market concentration and create barriers to innovation. The author found that the practice of applying the EU Law on Digital Markets and the US relevant acts significantly affects structural changes in the technology sector, forming new competition models. Recommendations are given on improving international cooperation and developing common and fair regulatory standards for digital markets. Special attention is paid to the problems of determining the dominant position, regulatory control, and specific features of digital markets. Scientific novelty: the article systematically compares the regulatory regimes of the world’s leading jurisdictions through the prism of digital mergers and acquisitions. It expands the categorical apparatus through modern approaches to the analysis of network effects, competition for data, and new forms of market power. The author applies his own criterion for analyzing the comprehensive examination of transactions from the viewpoint of sustainability and innovation potential. Practical significance: the conclusions and recommendations contribute to the formation of a more flexible and adaptive regulatory policy towards technology giants, which is essential for lawmakers, regulators, corporate strategists and researchers of the digital economy.